A Comparative Analysis of Milieudefensie through the Lens of the Common Law: Could Companies be Negligent Under English Tort for Producing Climate Change-Causing Emissions?
In May 2021, the Dutch court of first instance in Milieudefensie v Royal Dutch Shell established a new private law obligation for a key carbon emitter: it must, through corporate policy, remove or prevent the serious risks of climate change.[1] In accordance with this obligation, Royal Dutch Shell – now renamed ‘Shell’ – was issued […]