Phasing out fossil fuel is a crucial step to address the climate emergency. But to do so will mean facing not only political and economic obstacles, but legal ones. Fossil fuel companies can use domestic and international laws to demand compensation for bans on fossil fuels or prohibitions on the extraction of oil or coal. The legal system can make our collective transition to a green economy easier, or more difficult; among other things, it can increase the bill we pay for a healthy environment. Like big tobacco, big oil can and will litigate. This legal question becomes especially serious because companies like Shell and Exxon-Mobil can bring cases to a jurisdiction that they contributed to creating in the first place – a forum specially fit for their purposes. read more

Shell says electric vehicles will be crucial in its efforts to lower carbon emissions

• Electric vehicles will play a critical role in Royal Dutch Shell’s decarbonizing efforts – opening up opportunities in this mobility sector, according to a senior executive at the oil giant.
• Huibert Vigeveno, downstream director at Shell, says the company intends to expand its global EV charging stations network worldwide, pledging to have 2.5 million charging points by 2030.

Electric vehicles will play a critical role in Royal Dutch Shell’s efforts to cut emissions, according to a senior executive at the oil giant.

“If you look at the decarbonization opportunities of this mobility sector, EV plays a crucial role,” said Huibert Vigeveno, downstream director at Shell, adding that the company intends to expand its global electric vehicle charging stations network worldwide. read more

Nigeria: OPL 245 – Eni Threatens Legal Action Against Heda, Others for Defamation

By Peter Uzoho: April 14, 2021

The Italian oil major, Eni, has threatened to take legal action against the Human and Environmental Development Agenda (HEDA) and other critics for allegedly defaming the company over the Milan Court’s ruling on the Oil Prospecting Lease (OPL) 245 case.

Eni, in a statement that was issued yesterday in Abuja, said it found it shocking and contrary to any principle of law that the HEDA had ignored all the facts in the Milan judgment and went about defaming the organisation, its management and the Italian Court. read more

Ensure Shell, Eni Face Prosecution In Nigeria, Group Tells Buhari

Eni and Shell have been dragged to court in Milan, Italy over alleged cases of corruption in relation to the OPL245.

BY SAHARAREPORTERS, NEW YORK APR 12, 2021

An anti-corruption group, Human and Environmental Development Agenda, (HEDA Resource Centre) has urged President Muhammadu Buhari to ensure the oil giants, Shell and Eni, face prosecution in Nigeria.

The group, in a letter addressed to Buhari, advised the President to ignore public statements by the oil company, Eni, that the trial the company had faced in Italy should substitute for any other possible legal action in Nigeria. read more

Drumcliffe’s involvement in the OPL 245 case

A new side to the OPL 245 case has emerged in the state of Delaware, which has the most lenient corporate laws in the United States.

The Nigerian government enlists help from US offshore fund

According to open and undisputed sources , the federal government of Nigeria commissioned the Lagos-based law firm Johnson & Johnson, whose principal partner is Babatunde Olabide Johnson, to represent it in the lawsuit filed against Eni and Shell in Italy and other countries. Johnson & Johnson is reported to have drawn up an agreement for the covering of legal costs with the American firm Poplar Falls, founded in 2016 in Delaware by Maryland-based offshore fund Drumcliffe Partners, which specialises in financing lawsuits for debt recovery. read more

By John Donovan

On 1st April 2021, I sent the email printed below to Royal Dutch Shell PLC Chief Executive Mr Ben van Beurden and to his legal director, Mr Donny Ching.

It contained serious allegations by a credible whistleblower about Shell’s alleged corrupt activities in Iraq in collusion with the Iranian regime.

I invited Shell to comment. Shell chose not to do so.

Shell also had time to obtain a legal injunction to prevent publication.

Shell chose not to do so.

Shell could have requested more time to investigate. read more

1 Mar 2021: Author: Channa Samkalden, Prakken d’Oliveira

Lawyers’ insights on corporate legal accountability: Channa Samkalden, Prakken d’Oliveira, Netherlands

Channa Samkalden reflects on the decision of the Hague Court of Appeals in the lawsuit against Shell in the Netherlands regarding oil pollution in Nigeria.

1.Why is this case important?

The case is important because it was one of the first cases to argue parent company liability – and (as far as I know) it became the first where a parent company duty of care for the activities of a subsidiary abroad was indeed established. Oil pollution in the Niger Delta has been an immense problem for decades – and Shell has never really been held accountable for it. A crucial first step was taken in 2015 when the Court of Appeal of The Hague confirmed the jurisdiction of the Dutch courts and opened the route to justice for the Nigerian farmers and Friends of the Earth. Five years later the court concluded that Shell Nigeria must pay compensation and that Royal Dutch Shell must see to it that a Leak Detection System is installed on the Nigerian pipeline. read more

April 1, 2021

The company in charge of gas extraction in Groningen is disputing thousands of claims for damages by homeowners because it says the government’s criteria are too strict.

The NAM, a joint venture set up by Shell and Esso in 1947 to exploit the Netherlands’ natural resources, said the risk to safety had been exaggerated ‘by a factor of one to ten thousand’ in some cases.

It said the vibration limits used to assess if damage to homes was the result of earthquakes were too low and also queried the costs of processing the claims. read more

Oil companies defeat New York City appeal over global warming

By Jonathan Stempel, Sebastien Malo: 3 MIN READ: APRIL 1, 2021/ 2:53 PM

NEW YORK (Reuters) -A federal appeals court on Thursday rejected New York City’s effort to hold five major oil companies liable to help pay the costs of addressing harm caused by global warming.

Ruling in favor of BP Plc, Chevron Corp, ConocoPhillips, Exxon Mobil Corp and Royal Dutch Shell Plc, the 2nd U.S. Circuit Court of Appeals in Manhattan said the regulation of greenhouse gas emissions should be addressed under federal law and international treaties. read more

OPL 245: Eni, Shell must face corruption charges in Nigeria, CSOs tell FG 

A coalition of civil society organisations has urged the federal government to press corruption charges against Eni, Shell, and other defendants involved in the OPL 245 deal.

This comes after an Italian court acquitted Shell, Eni and other defendants of corruption charges in the OPL 245 deal.

In a letter addressed to President Muhammadu Buhari, the CSOs said there would be no risk of double jeopardy due to the differences between legal systems in Italy and Nigeria. read more

No evidence of NAM criminal intent in Groningen gas scandal, public prosecutor says

MARCH 26, 2021

The public prosecution department said on Friday it had not found evidence that the lives of people living in parts of Groningen hit by subsidence-related earthquakes were actually at risk.

And despite an ‘intensive investigation’ there is no evidence that NAM, the company charged with extracting natural gas from under the province, had acted in a ‘deliberately criminal way’, the department said in a statement. read more

“Two middlemen have already been found guilty for their role in this deal in a separate trial. A criminal trial of Shell and Eni’s Nigerian subsidiaries is ongoing in Nigeria while they also face an investigation in The Netherlands where Shell has said they expect to face criminal charges. Today’s verdict does not mark the final word in this scandal for Shell and Eni.”

Shell and Eni verdict: Not the final word on this scandal

NGOs and activists are today disappointed and outraged as Shell and Eni – two of the worlds biggest polluters – were found not guilty of corruption relating to the purchase of a Nigerian oilfield, in a Milan trial. Global Witness urges the prosecution to consider all options to appeal this verdict and continues to follow ongoing criminal investigations into the case in Nigeria and the Netherlands. read more

All Eyes on Nigerian Economic and Financial Crime Commission After Italian Court Decided OPL 245

March 22, 2021

The acquittal of Eni, Royal Dutch Shell and their officials in the Malabu Oil and Gas deal by an Italian Court last Thursday has thrown up fresh call on the Economic and Financial Crime Commission on the need to have a rethink on its ongoing prosecution here in Nigeria. Davidson Iriekpen writes

After more than three years and a total of 74 hearings, an Italian court sitting in Milan last Thursday acquitted energy companies, Eni and Royal Dutch Shell along with a series of past and present managers, including Eni Chief Executive, Claudio Descalzi in one of the oil industry’s biggest corruption scandals. read more

SHELL COMMENTS ON THE VERDICT FROM THE MILAN TRIBUNAL OVER OPL-245

Mar 17, 2021

Ben van Beurden, Chief Executive of Royal Dutch Shell plc (“RDS” or the “Company”), today made the following statement after the Milan Tribunal acquitted the company of charges related to Oil Prospecting Licence (OPL) 245 in Nigeria:

“We welcome today’s decision by the Milan Tribunal. We have always maintained that the 2011 settlement was legal, designed to resolve a decade-long legal dispute and unlock development of the OPL 245 block. At the same time, this has been a difficult learning experience for us. Shell is a company that operates with integrity and we work hard every day to ensure our actions not only follow the letter and spirit of the law, but also live up to society’s wider expectations of us.” read more

“Two middlemen have already been found guilty for their role in this deal in a separate trial. A criminal trial of Shell and Eni’s Nigerian subsidiaries is ongoing in Nigeria while they also face an investigation in The Netherlands where Shell has said they expect to face criminal charges. Today’s verdict does not mark the final word in this scandal for Shell and Eni.”

Malabu Scandal: Acquittal of Shell, Eni ‘stain on Italy’ — Anti-corruption campaigners

Environmental and social justice groups on Wednesday condemned Italy’s anti-corruption laws as “unfit for purpose”. read more

Shell, Eni acquitted in Nigeria oil corruption case

Three year trial revolved around the 2011 purchase of offshore oil field, report says

MILAN – A court in Milan on Wednesday acquitted oil giants Shell and Italy’s Eni of corruption charges in a $1.1 billion bribery case involving control of a lucrative Nigerian oil block.

In addition to the companies, Eni’s current CEO, his predecessor and a former Nigerian oil minister were among 13 defendants acquitted after a three-year trial involving the 2011 purchase of the OPL 245 offshore oil field. read more