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Oil giant Shell wins appeal against landmark Dutch climate ruling to slash emissions

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Oil giant Shell wins appeal against landmark Dutch climate ruling to slash emissions


  • A Dutch court on Tuesday dismissed a landmark climate ruling against Shell, after the oil giant was ordered to drastically reduce its global carbon emissions back in 2021.
  • The outcome marks the latest twist in a precedent-setting case that could have far-reaching implications for the future of climate litigation.
  • In May 2021, The Hague district court ruled that Shell must reduce its greenhouse gas emissions by 45% from 2019 levels by 2030.
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Oil storage silos beyond waterlogged land at the Shell Plc Pernis refinery in Rotterdam, Netherlands, on Sunday, Feb. 11, 2024.

A Dutch court on Tuesday dismissed a landmark climate ruling against Shell, after the oil giant was ordered to drastically reduce its global carbon emissions back in 2021.

The outcome, which comes during the opening days of the COP29 climate summit in Azerbaijan, marks the latest twist in a precedent-setting case that could have far-reaching implications for the future of climate litigation.

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The appeals court in The Hague said that while Shell is required to reduce its carbon emissions, it could not determine the extent of these cuts. The case against Shell, therefore, was dismissed entirely.

In May 2021, The Hague district court ruled that Shell must reduce its greenhouse gas emissions by 45% from 2019 levels by 2030.

The verdict, which came when Shell had its headquarters in The Hague, also said the company was responsible for all emissions across its value chain, including those from the products they sell — known as Scope 3 emissions.

It was the first time in history that a company was found to have been legally obliged to align its policies with the Paris Agreement, a framework which seeks to avoid the worst of what the climate crisis has in store by limiting the average global temperature increase to between 1.5 and 2 degrees Celsius.

The ruling was regarded as a watershed moment in the climate battle and sparked a wave of lawsuits against other fossil fuel companies.

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The case was brought against Shell in 2019 by Milieudefensie, an environmental campaign group and the Dutch branch of Friends of the Earth, alongside six other bodies and more than 17,000 Dutch citizens.

An appeal against Tuesday’s outcome could still be brought before the Netherlands’ Supreme Court, although Milieudefensie has not said whether it plans to launch an appeal.

“The court of appeal denied the claims of Milieudefensie because the court 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,” the court said in a statement.

What’s more, the court said it deemed an obligation for Shell to sharply reduce its Scope 3 emissions by a particular percentage as “ineffective” because other companies could step in to take over that trade and “this would consequently not result in a reduction in CO2 emissions.”

Shell welcomed the decision to overturn the 2021 verdict.

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“We are pleased with the court’s decision, which we believe is the right one for the global energy transition, the Netherlands and our company,” Shell CEO Wael Sawan said in a statement.

“Our target to become a net-zero emissions energy business by 2050 remains at the heart of Shell’s strategy and is transforming our business,” he added.

Shares of London-listed Shell were trading slightly lower on the news.

A setback for the climate movement

Shell appealed the 2021 decision and subsequently moved its headquarters to the U.K., a relocation that was criticized for being partly motivated by the courtroom defeat. The Hague district court ruling had only been legally binding in the Netherlands.

In appeal hearings held earlier this year, the British oil major argued that the case had no legal basis.

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Shell’s lawyers said demands for companies to curb greenhouse gas emissions could not be made by courts, but only by governments, Reuters reported. The company also said the court ruling would force it to shrink its business without any benefit to the fight against climate change.

Director of Milieudefensie Donald Pols is seen before the start of the appeal trial of the climate case that the organization had filed against Shell, in The Hague on April 2, 2024.
Freek Van Den Bergh | Afp | Getty Images

Director of Milieudefensie Donald Pols is seen before the start of the appeal trial of the climate case that the organization had filed against Shell, in The Hague on April 2, 2024.

The burning of coal, oil and gas is by far the largest contributor to the climate crisis, accounting for more than three-quarters of global greenhouse gas emissions.

“This ruling affects us deeply,” Donald Pols, director of Milieudefensie, said in a statement.

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“It is a setback for us, the climate movement and millions of people around the world who are worried. But anyone who knows us a little knows that we never give up,” Pols said.

“It is encouraging that the judge determines that Shell is responsible for reducing emissions and that companies must also respect human rights. It is a marathon and not a sprint and the race is not yet run,” he added.



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San Diego, CA

San Diego Zoo Safari Park’s Elephant Valley: Get closer to elephants

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San Diego Zoo Safari Park’s Elephant Valley: Get closer to elephants


San Diego — Before we see elephants at Elephant Valley in the San Diego Zoo Safari Park, we come face to face with destruction, only the wreckage is beautiful. A long, winding path takes guests around and under felled trees. Aged gray tree hunks form arches, for instance, over bridges that tower over clay-colored paths with hoof prints.

The design is meant to reorient us, to take us on a trail walked not by humans but traversed and carved by elephants, a creature still misunderstood, vilified and hunted for its cataclysmic-like ability to reshape land, and sometimes communities.

“It starts,” says Kristi Burtis, vice president of wildlife care for the Safari Park, “by telling the story that elephants are ecosystem engineers.”

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Elephant Valley will open March 5 as the newest experience at the Escondido park, its aim to bring guests closer than ever to the zoo’s eight elephants, which range in age from 7 to 36, while more heavily focusing on conservation. The centerpiece of the 13-acre-plus parkland is a curved bridge overlooking a savanna, allowing elephants to walk under guests. But there are also nooks such as a cave that, while not previewed at a recent media event, will allow visitors to view elephants on their level.

In a shift from, say, the Safari Park’s popular tram tour, there are no fences and visible enclosures. Captive elephants remain a sometimes controversial topic, and the zoo’s herd is a mix of rescues and births, but the goal was to create a space where humans are at once removed and don’t impede on the relative free-roaming ability of the animals by keeping guests largely elevated. As an example of just how close people can get to the herd, there was a moment of levity at the event when one of the elephants began flinging what was believed to be a mixture of dirt and feces up onto the bridge.

“Our guests are going to be able to see the hairs on an elephant,” Burtis says. “They can see their eyes. They can see the eyelashes. They can see how muscular their trunks are. It’s really going to be a different experience.”

Elephant Valley, complete with a multistory lodge with open-air restaurants and bars, boasts a natural design that isn’t influenced by the elephant’s African home so much as it is in conversation with it. The goal isn’t to displace us, but to import communal artistry — Kenyan wood and beadwork can be found in the pathways, resting spaces and more — as a show of admiration rather than imitation.

“We’re not going to pretend that we’re taking people to Africa,” says Fri Forjindam, now a creative executive with Universal’s theme parks but previously a lead designer on Elephant Valley via her role as a chief development officer at Mycotoo, a Pasadena-based experiential design firm.

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“That is a slippery slope of theming that can go wrong really fast,” she adds. “How do we recognize where we are right now, which is near San Diego? How do we populate this plane with plants that are indigenous to the region? The story of coexistence is important. We’re not extracting from Africa, we’re learning. We’re not extracting from elephants, we’re sharing information.”

But designing a space that is elephant-first yet also built for humans presented multiple challenges, especially when the collaborating teams were aiming to construct multiple narratives around the animals. Since meetings about Elephant Valley began around 2019, the staff worked to touch on themes related to migration and conservation. And there was also a desire to personalize the elephants.

“Where can we also highlight each of the elephants by name, so they aren’t just this huge herd of random gray creatures?” Forjindam says. “You see that in the lodge.”

That lodge, the Mkutano House — a phrase that means “gathering” in Swahili — should provide opportunities for guests to linger, although zoo representatives say reservations are recommended for those who wish to dine in the space (there will also be a walk-up, to-go window). Menus have yet to be released, but the ground floor of the structure, boasting hut-like roofing designed to blend into the environment, features close views of the elephant grazing pool as well as an indoor space with a centerpiece tree beneath constellation-like lighting to mimic sunrises and sunsets.

Throughout there are animal wood carvings and beadwork, the latter often hung from sculptures made of tree branches. The ceiling, outfitted with colorful, cloth tapestries designed to move with the wind, aims to create less friction between indoor and outdoor environments.

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There are, of course, research and educational goals of the space as well. The Safari Park works, for instance, with the Northern Rangelands Trust and Loisaba Conservancy in Kenya, with an emphasis on studying human-elephant conflict and finding no-kill resolutions. Nonprofits and conservation groups estimate that there are today around 415,000 elephants in Africa, and the African savanna elephant is listed as endangered by the International Union for Conservation of Nature.

Studies of the zoo’s young elephants is shared with the Reteti Elephant Sanctuary in the hopes of delivering care to elephant youth to prevent orphanage. Additionally, the Safari Park has done extensive examination into the endotheliotropic herpes virus. “The data that we collect from elephants here, you can’t simply get from elephants in the wild,” Burtis says.

One of the two entrances to Elephant Valley is outfitted with bee boxes; bees are known to be a natural elephant deterrent and can help in preventing the animals from disrupting crops or communities. To encourage more natural behavior, the plane is outfitted with timed feeders in an attempt to encourage movement throughout the acreage and establish a level of real-life unpredictability in hunting for resources. Water areas have been redesigned with ramps and steps to make it easier for the elephants to navigate.

With Elephant Valley, Forjindam says the goal was to allow visitors to “observe safely in luxury — whatever that is — but not from a position of power, more as a cohabitor of the Earth, with as much natural elements as possible. It’s not to impose dominance. Ultimately, it needed to feel natural. It couldn’t feel like a man-made structure, which is an antiquated approach to any sort of safari experience where animals are the product, a prize. In this experience, this is the elephant’s home.”

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And the resulting feel of Elephant Valley is that we, the paying customers, are simply their house guests.



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Man fatally struck by hit-and-run vehicle in San Diego

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Man fatally struck by hit-and-run vehicle in San Diego


A man in the Mission Bay Park community of San Diego was fatally struck Sunday morning by a hit-and run vehicle, authorities said.

The victim was also struck by a second vehicle and that motorist stayed at the scene to cooperate with officers, the San Diego Police Department reported.

The initial crash occurred at about 2:20 a.m. Sunday in the area of West Mission Bay and Sea World drives.

The pedestrian was in the southbound lanes of the 2000 block of West Mission Bay Drive when he was struck by a silver vehicle also in the southbound lanes. That vehicle fled the scene, continuing southbound, police said.

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A 28-year-old man driving his vehicle southbound ran over the downed pedestrian.

“That driver remained at the scene and is not DUI,” according to a police statement. “The pedestrian was pronounced deceased at the scene.”

Anyone with information regarding the initial crash was urged to call Crime Stoppers at 888-580-8477.



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Here are the 9 San Diego County communities that set or tied heat records

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Here are the 9 San Diego County communities that set or tied heat records


San Diego County is known for having wet, cold weather in February. But it had numerous hot spells this year. And when the month ended on Saturday a high pressure system produced heat that broke or tied temperature records in nine communities from the desert to the sea, the National Weather Service said.

The most notable temperature occurred in Borrego Springs, which reached 99, five degrees higher than the previous record for Feb. 28, set in 1986. The 99 reading is also the highest temperature ever recorded in Borrego in February.

Escondido reached 95, tying a record set in 1901.

El Cajon reached 92, three degrees higher than the record set in 2009.

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Ramona topped out at 88, five degrees higher than the record set in 2009.

Alpine hit 88, four degrees higher the record set in 1986.

Campo reached 87, four degrees higher than the record set in 1999.

Vista hit 86, four degrees higher than the record set in 2020.

Chula Vista reached 84, one degree higher than the record set in 2020.

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Lake Cuyamaca rose to 76, four degrees higher than the record set in 1986.

Forecasters say the weather is not likely to broadly produce new highs on Sunday. Cooler air is moving to the coast, and on Monday, San Diego’s high will only reach 67, a degree above normal.

 



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