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"This setback will only help us grow stronger," said the Dutch climate group that originally brought the case. "Large polluters are powerful. But united, we as people have the power to change them."
Climate campaigners didn't sugarcoat their reactions to a Dutch court decision on Tuesday that overturned a landmark 2021 ruling ordering the oil behemoth Shell to cut its planet-warming emissions nearly in half by the end of this decade.
"We are shocked by today's judgment," said Donald Pols, director of Milieudefensie, the Netherlands-based environmental group that originally filed suit against Shell in 2018.
"It is a setback for us, for the climate movement, and for millions of people around the world who worry about their future," Pols said of Tuesday's ruling by the Hague Court of Appeal. "But if there's one thing to know about us, it's that we don't give up. This setback will only help us grow stronger. Large polluters are powerful. But united, we as people have the power to change them."
The original 2021 ruling, as CNBCnoted, marked "the first time in history that a company was found to have been legally obliged to align its policies with the Paris Agreement" and "sparked a wave of lawsuits against other fossil fuel companies."
Despite acknowledging that Shell has "an obligation toward citizens to reduce CO2 emissions," the appeals court on Tuesday scrapped a legal mandate compelling the company to slash its emissions by 45% by 2030 compared with 2019 levels, saying it was "unable to establish that the social standard of care entails an obligation for Shell to reduce its CO2 emissions by 45%, or some other percentage."
"It is primarily up to the government to ensure the protection of human rights," the court added.
Laurie van der Burg of Oil Change International said in response that "while we mourn today's setback, the ruling establishes a responsibility for Big Oil and Gas to act that future litigation can build on."
"The court ruled protection against climate change is a human right, and corporations have a responsibility to reduce their emissions," she added. "As far as we know, this is the first case where a court has acknowledged that new investments in oil and gas are incompatible with international climate goals."
"Today's ruling underscores the importance of world leaders now negotiating at the U.N. Climate Summit in Baku taking responsibility."
Shell, which is responsible for just over 2% of global CO2 emissions, said in a statement that it was "pleased" with the court's ruling and claimed to be "making good progress in our strategy to deliver more value with less emissions."
But research by the human rights organization Global Witness has found that Shell has consistently overstated the scale of its investments in green energy—including by characterizing fossil fuels as "renewable."
"Even as Shell claims to be reducing its oil production, it is planning to grow its gas business by more than 20% over the next few years, leading to significant additional emissions," Global Witness wrote in a complaint to the U.S. Securities and Exchange Commission last year.
Andy Palmen, the director of Greenpeace Netherlands, said Tuesday that while campaigners working toward a just phaseout of fossil fuel emissions are "disappointed that Shell is being allowed to continue polluting," they "will not give up the fight."
"This only motivates us more to take action against major polluters," said Palmen. "It really gives hope that the court finds that Shell must respect human rights and has a duty to reduce its CO2 emissions."
"Today's ruling underscores the importance of world leaders now negotiating at the U.N. Climate Summit in Baku taking responsibility," Palmen added, referring to the COP29 gathering that kicked off on Monday in Azerbaijan's capital city. "The summit in Dubai last year marked the end of coal, oil, and gas, now governments must come up with concrete plans to move away from fossil fuels."
The Dutch appeals court's ruling came in the wake of new research showing that oil and gas production surged to an all-time high in 2023—the hottest year on record.
"The oil and gas industry is not transitioning," the environmental group Urgewald and dozens of other NGOs found. "In fact, 95% of the upstream companies on [the Global Oil and Gas Exit List] are still exploring or developing new oil and gas resources. This includes the oil and gas producers TotalEnergies, Shell, BP, Eni, Equinor, OXY, OMV, and Ecopetrol, which all claim to be targeting net zero emissions by 2050."
Nils Bartsch, head of oil and gas research at Urgewald, said Tuesday that the 2023 oil and gas production record is "deeply concerning."
"If we do not end fossil fuel expansion and move towards a managed decline of oil and gas production," said Bartsch, "the 1.5°C goal will be out of reach."
Big banks, oil giants, and powerful utility companies sponsor pro sports teams and leagues to protect what social scientists call their “social license” by assuring fans that they are public-spirited, good corporate citizens. But they are not that.
In September, North American professional sports leagues had the opportunity to demonstrate their commitment to protecting the planet during a joint panel at Climate Week NYC, the annual affair cosponsored by the United Nations featuring hundreds of events feting local, national and international efforts to address climate change.
They dropped the ball.
Just three months earlier, U.N. Secretary-General António Guterres castigated coal, oil and gas companies—which he dubbed the “godfathers of climate chaos”—for spreading disinformation and called for a worldwide ban on fossil fuel advertising. Until that happens, Guterres urged ad agencies to refuse fossil fuel clients and companies to stop taking their ads.
The leagues apparently didn’t get the memo. During their panel discussion, titled Major League Greening, representatives from pro baseball (MLB), basketball (NBA) and hockey mainly talked about their long-term goals to shrink their carbon footprint and, to be sure, they have come a long way since I wrote about their initial efforts to reduce their energy, water and paper use back in 2012. They also talked about their budding alliances with climate solution experts. But there was no talk of cutting their commercial ties with the very companies that are largely responsible for the climate crisis.
A recent survey of pro baseball, basketball, football, hockey and soccer leagues by UCLA’s Emmett Institute on Climate Change and the Environment found that they collectively have more than 60 sponsorship deals with three dozen oil companies and utilities that burn fossil fuels or distribute fossil gas. Depending on the deal, the companies get prominently placed billboards in team facilities, logos on team uniforms, partnerships with team community programs, or—if they spend some serious money—stadium naming rights.
Eight of the oil and utility companies identified by the UCLA survey—Chevron, Entergy, ExxonMobil, Marathon Petroleum, NextEra Energy, NRG Energy, Phillips 66 and Xcel Energy—are among the top 25 U.S. carbon polluters. Four of those companies—Chevron, ExxonMobil, Marathon Petroleum and Phillips 66—along with four other companies with sports sponsorships—ConocoPhillips, Hess, Occidental Petroleum and Shell—have been sued by state and local governments across the United States for climate change-related damage and their decades of deception, which has served to delay the necessary transition to clean energy. ExxonMobil is a defendant in all 39 lawsuits, Chevron has been cited in 28, and Phillips 66 has been named in 21.
Banks that are still investing tens of billions of dollars annually in fossil fuel projects also have sponsorship deals with pro sports teams. Besides routine billboard deals, six of the 12 largest fossil fuel investors since the Paris climate agreement was signed in 2016—Bank of America, Barclays, Citigroup, JPMorgan Chase, Scotiabank and Wells Fargo—are all spending a small fortune on facility naming rights.
Corporations sponsor sports for two main reasons: to build public trust and increase exposure. According to a 2021 Nielsen “Trust in Advertising” study, 81 percent of consumers completely or somewhat trust brands that sponsor sport teams, second only to the trust they have for friends and family. By sponsoring a team, corporations increase the chance that fans will form the same emotional connection they have with the team with their brand, especially when fans see it repeatedly during a game and over a season. Jersey patches, which the NBA approved in 2017 and MLB approved last year, especially attract attention. Nielsen estimates that the average value of the live broadcast exposure a baseball patch sponsor would receive over a full regular season would exceed $12.4 million.
Another rationale for banks and oil and utility companies for sponsoring pro sports is to protect what social scientists call their “social license” by assuring fans that they are public-spirited, good corporate citizens. Critics call it “sportswashing”—using sports to burnish a reputation tarnished by wrongdoing, in this case, endangering public health and the environment.
Fans of the two baseball teams that battled it out in this year’s National League Championship Series are crying foul, but thus far have been ignored.
In March 2023, environmental activists joined New York City Public Advocate Jumaane Williams to urge the Mets to change the name of Citi Field because Citibank’s parent company Citigroup has invested $396 billion in fossil fuel projects since 2016, second only to JPMorgan Chase’s $430 billion. “Citi doesn’t represent the values of Mets fans or NYC,” Williams wrote in a tweet. “If they refuse to end their toxic relationship with fossil fuels, the Mets should end their partnership with Citi.”
More recently, more than 80 public interest groups, scientists and environmental advocates signed an open letter calling on the Dodgers to cut its ties to Phillips 66, owner of the Union 76 gas station chain. “Using tactics such as associating a beloved, trusted brand like the Dodgers with enterprises like [Union] 76,” the letter states, “the fossil fuel industry has reinforced deceitful messages that ‘oil is our friend,’ and that ‘climate change isn’t so bad.’” Since August, nearly 22,800 people have signed the letter, which urges the team to end its sponsorship deal with the oil company “immediately.”
Unlike the North American pro sports leagues, advertising and public relations agencies worldwide are heeding U.N. Secretary-General Guterres’s call. More than a thousand have pledged to refuse working for fossil fuel companies, their trade associations, and their front groups. If the leagues were serious about sustainability, they likewise would sever their relationships with the godfathers of climate chaos and the banks that enable them.
If humanity wants to be part of a sustainable future, we know exactly what we need to do by 2030. These are precisely the years we cannot afford to lose.
Among the several critical issues on the November ballot in the U.S., the future of Planet Earth has to be high on the list.
For decades, scientists have warned of the apocalyptic consequences of global ecological collapse. We know the causes, consequences, and solutions to this existential crisis, but as governments have remained captured by short-term financial interests, they have largely ignored the warnings and resisted taking substantive action to solve the crisis.
This decade, 2020-2030, is widely thought to be our last best chance to make the changes urgently needed to secure a livable future for all life on Earth.
Here is what the science says—we ignore it at our collective peril.
The global environment is in far worse shape than it was in 1970 (the first Earth Day), and is nearing a point-of-no-return. Human activities have caused the loss of half the world’s forests, coral reefs, wetlands, grasslands, and mangroves; annual use of 75% more resources than Earth can sustain; runaway climate change; air and water pollution in every corner of the world; and most of the Earth’s surface significantly impacted by just one species: Homo sapiens.
The global environment is in far worse shape than it was in 1970... and is nearing a point-of-no-return.
By some estimates, we have already caused the extinction of more than one million species, with another million expected to go extinct in coming years. Beyond species extinctions, wildlife population numbers have plummeted in recent decades: overall global wildlife numbers declined by 60%, large oceanic fish by 66%, seabirds by 70%, and insects declined by 40% in the last decade alone.
In addition, the socioeconomic condition of civilization has continued to decline, with 700 million people now living in extreme poverty and hunger; 16,000 children under the age of five dying every day due to preventable causes; 19,000 people dying every day from breathing polluted air; billions living in water-stressed regions; more people enslaved than at any time in history; thousands of nuclear weapons on hair-trigger alert; and growing global insecurity.
Scientists have been warning of global ecological collapse for decades.
The 1992 “World Scientists’ Warning to Humanity” from the Union of Concerned Scientists, noted the “ever-increasing environmental degradation that threatens global life support systems on this planet,” warning that: “A great change in our stewardship of the Earth and the life on it is required, if vast human misery is to be avoided.”
Twenty-five years later, the 2017 “World Scientists’ Warning to Humanity: A Second Notice,” issued by over 15,000 scientists from 184 countries, noted that this “great change” in environmental stewardship had not occurred, and that most trends had become alarmingly worse, warning that: “Soon it will be too late to shift course away from our failing trajectory, and time is running out.”
The 2019 “Scientists’ Warning of a Climate Emergency” concluded that: “Despite 40 years of global climate negotiations, with few exceptions, we have generally conducted business as usual and are largely failing to address this predicament.” A U.N. report concluded that for critical ecological systems - atmosphere, land, water, oceans, and biodiversity - environmental degradation now ranges from “serious to irreversible.”
The only chance that human civilization can unite to solve these existential imperatives in time is if the Democrats retain the White House.
Science is clear that if present trends continue, the planet will be virtually uninhabitable for humans and perhaps half of all other species by the end of this century. In fact, for many people and species, in many places, it already is. U.N. officials admit that to solve this crisis, we need “an exponential increase in ambition.”
Fortunately, we know exactly what we need to do to solve this crisis. As British naturalist David Attenborough recently said: “Never before have we been so aware of what we are doing to the planet—and never before have we had such power to do something about it.”
If humanity wants to be part of a sustainable future, we know exactly what we need to do by 2030: reduce global carbon emissions by 50%; stabilize human population; halt destruction of forests and other ecological habitat; place half of the Earth’s lands and waters in fully-protected status; reduce extinction rates to the pre-human background level; shift to a zero-waste, circular economy focused on stability and equity rather than growth; transform agriculture into a sustainable, low-impact food system; electrify global transportation; reduce wealth disparity and poverty; provide education, health care, and economic opportunity for all; and eliminate all nuclear weapons.
In discussing “the fierce urgency of now,” Martin Luther King warned that “there is such a thing as being too late.” For the global environment, we are almost at that point.
Simply put, the only chance that human civilization can unite to solve these existential imperatives in time is if the Democrats retain the White House. Hopefully Americans will vote this November like the future of the world depends on it. It does.