Environmental Litigation: An Underestimated risk for Investors

 A number of our colleagues at Both ENDS made a lot of noise at various locations around the country today, as part of the national Klimaatalarm (Climate Alarm) campaign. Annelieke Douma gave a short speech in Haarlem on the major role played by the Netherlands in climate change and environmental degradation beyond our borders. She made a number of suggestions that would immediately make Dutch foreign policy a lot more climate-friendly. Below is the text of her speech.

In these uncertain times of accumulating national, international and global crises, we need hope and inspiration more than ever. Fortunately, many hopeful ideas and initiatives are already existing that show that it is indeed possible to change the world - and especially the systems behind it - in a sustainable and fair way. What opportunities are to be found, what is hopeful, what is already happening and how can we, as the Netherlands, respond to this?

Next week, the climate case brought against Royal Dutch Shell by Dutch environmental organisation Milieudefensie is due to start. Milieudefensie hopes to force the company to stop causing dangerous climate change and adopt a more sustainable course. Six Dutch organisations have decided to become co-plaintiffs in the case. They include ActionAid and Both ENDS, organisations that work outside the Netherlands on human rights, gender equality, environment and sustainable development. Though, at first glance, the case may not seem relevant to them, nothing is farther from the truth, as Nils Mollema of ActionAid and Niels Hazekamp of Both ENDS explain.

The Hague, April 5, 2019 - Today Friends of the Earth Netherlands will deliver a court summons to Shell to legally compel the company to cease its destruction of the climate, on behalf of more than 30,000 people from 70 countries. A 236 page complaint will be delivered to Shell's International Headquarters in the Hague this afternoon by Friends of the Earth Netherlands, ActionAid NL, Both ENDS, Fossielvrij NL, Greenpeace NL,Young Friends of the Earth NL, Waddenvereniging and a large group of co-plaintiffs.

Amsterdam, 12 February 2019 - Fossil fuel giant Royal Dutch Shell is facing legal action from environmental and human rights organisations if it fails to align its growth plans with global climate goals aimed at averting catastrophic global warming.

A Dutch economic trade mission is visiting Indonesia from the 21^st to the 24^th of November.  Prime Minister Mark Rutte, who heads the mission, is accompanied by Minister Ploumen (Foreign Trade and Development), Minister Schultz van Haegen and State Secretary Dijksma (Infrastructure and Environment).

Disposable fashion items continue to flood into the country, the nitrogen crisis has brought construction to a standstill and energy poverty is on the rise, but Dutch politicians are contemplating their navels. These are problems that we can never solve on our own. The clothes we wear, the food on our plates, and the electricity that comes out of our wall sockets – they are all produced in global trade and production chains. With far-reaching consequences, both in our own country and far, very far beyond our borders. It would be naive to think that we can solve all these problems through domestic policies alone. And vice versa: we would be evading our responsibilities if we continued to believe that the Netherlands only plays a humble role on the  global stage. Latest figures show that the Netherlands is the fourth largest exporter and the seventh largest importer of products worldwide. With the elections on the way, it is time to look beyond our own small country. Because it is also important to vote with a worldwide impact.

Today, on the eve of the UN Climate Change Conference, COP26, the fossil fuel divest-invest movement released a new report that details how institutions representing an unprecedented total of EUR 33.7 trillion worth of assets have now committed to some form of fossil fuel divestment, a figure that's higher than the annual GDP of the United States and China combined.

The world has to stop using fossil fuels, but investment in the sector continues unabated. Investors of all kinds, including banks, insurance companies and pension funds, are hesitant about making the change to sustainable energy and are not sure where to start. In the autumn of 2019, together with the DivestInvest Network and Sustainable Energy (Denmark), Both ENDS published a report entitled ‘Managed Decline of Fossil Fuel Businesses’. The report describes five criteria to test whether companies in the fossil sector are actively taking steps to wind down their fossil activities. The criteria are helping investors to choose investments that are in line with the Paris goal of restricting global warming to a maximum of 1.5 degrees Celsius. We spoke to Lars Jensen, Senior Analyst at Sustainable Energy and lead author of the report.

Reward high-risk international business projects investing in a green future and stop support for the international fossil industry

The climate is 'hot'. Everyone is talking about it. 'Everyone needs to do something' calls the government in its recently started public campaign. Good plan. Let's really do something. For a start, we can stop supporting international trade in fossil energy by our own multinationals. That would free up 1.5 billion euros which we could use to combat climate change on an international scale and at the same time give our own innovative businesses a boost. Today's Vergeten Klimaattafel (Forgotten Climate Roundtable) will discuss the opportunities for the Netherlands to have a real impact. And those opportunities are enormous. Because our big money and our influence lie beyond our borders.

Brussels, 7 May 2019 - In an unprecedented Climate Action Call published today, a broad coalition is urging European leaders to take decisive action to respond to the climate emergency. Hundreds of European cities, regions, businesses, youth and faith groups and civil society organisations working on climate, human rights, litigation, mobilization, sports and health call upon leaders to profoundly alter the way we run our societies and economies to limit temperature rise to 1.5°C.

TotalEnergies and the Chinese National Offshore Oil Cooperation (CNOOC) are currently developing an oil extraction and transportation project in Uganda: East African Crude Oil Pipeline (EACOP). The project – the construction of a heated pipeline (EACOP) of no less than 1445 kilometers through Uganda and Tanzania to export crude oil, is increasingly causing human rights violations and environmental damage. This is a matter of great concern to civil society organisations in Uganda and beyond. This week, Both ENDS, together with partner organisations in Uganda, sent an urgent letter to twelve pension funds and asset managers with investments in TotalEnergies and CNOOC.

Amsterdam, 19 May 2021 – On 25 March, a day after violent attacks in northern Mozambique, the Dutch state decided to provide dredging company Van Oord with export credit insurance worth 900 million euros for its activities in the country. The company is conducting dredging operations for a highly controversial gas project that, according to Mozambican interest groups, is playing a prominent role in the escalating violence in the region. Civil society organisations Both ENDS, Milieudefensie and Oil Change International and their Mozambican partners are alarmed about the situation and have called the Dutch government and Dutch export credit agency Atradius DSB to account.

Dutch pension money is invested heavily in companies that contribute to deforestation in the Amazon region and the Cerrado savanna in Brazil, such as soy, animal feed and beef companies. This is concluded in a report published today by Profundo, commisioned by the Fair Finance Guide, Hivos and Both ENDS. All ten pension funds that were examined invest in these types of companies, with the ABP pension fund and Pensioenfonds Zorg en Welzijn on top with investments worth EUR 580 million and EUR 383 million respectively.

The EU is still one of the world’s largest importers of deforestation: EU demand for commodities like soy, palm oil, beef, coffee and cacao requires millions of hectares of tropical rainforest to be cleared. This deforestation has significant biodiversity and climate impacts, and is often linked to human rights violations and violence against local communities and indigenous peoples. Both ENDS and partners have been actively lobbying the EU Commission to adopt a robust action plan to address and prevent human rights violations and deforestation ‘embodied’ in EU imports of agricultural commodities. 

Joint press release from Both ENDS and Fossielvrij NL - 26 March 2019

A group of 22 wealthy Dutch investors have decided to disinvest all their personal capital, worth a total of 200 million euros, from the top 200 oil, gas and coal companies. The investors have pledged to disinvest all their capital from the fossil industry within three to five years. By doing so, they are giving a clear signal that they do not want their capital to contribute to disastrous climate change.