“That is not correct, because ordinary citizens and companies have been thrown under the bus by the first court decision,” says Frans van der Werf, project leader at BEG. Last May, the judge ruled in favor of the environmental organization and ruled that Shell must reduce its CO2 emissions faster: by the end of 2030 by 45% compared to 2019. In addition, Shell must also strive to reduce emissions by customers.
Milieudefensie argued in the lawsuit against Shell that it acts in the interests of current and future generations and that the oil company Shell would disadvantage all residents of the Netherlands with its emissions. According to Bezorgde Energie Users, Milieudefensie does not litigate on behalf of all Dutch people, but ‘for an activist purpose’.
Van der Werf: „By pursuing a utopian CO2 reduction, ordinary citizens and companies suffer from sky-high energy prices and the possible disappearance of jobs. The consequences of Milieudefensie’s demands for purchasing power have been misunderstood. An even faster energy transition causes enormous costs and other negative consequences. We demand that our rights and interests are no longer subordinated to unilateral climate justice.”
‘Very wise’
By letter, the BEG on Wednesday asked Milieudefensie for consultation. In a response, the environmental organization states that it is not yet aware of the intentions of the new civil society. “We are curious about the contents of the letter,” a spokeswoman said. Ultimately, the Court of Appeal of The Hague decides whether the BEG will be admitted to the process as a third party.
Emeritus professor of constitutional law Jos Teunissen thinks it is ‘very sensible’ for a group of citizens to draw attention to other interests in the appeal. Teunissen has been critical of the fact that, on the basis of Section 3:305a in the Dutch Civil Code, NGOs can state that they are speaking on behalf of the public interest, without first requesting permission from other Dutch residents.
Teunissen: „Now suddenly there is a group that says: ‘Environmental Defense does not speak on my behalf’. In the previous climate cases, the question of whether Urgenda and Milieudefensie did act on behalf of all residents was always avoided. That is no longer possible. The judge has to do something about this.”
The BEG, which hopes to gather supporters through a new website, is supported by environmental lawyer Lucas Bergkamp. “Urgenda has placed democracy under guardianship and forced the state to adopt even more climate policy. Milieudefensie took over the operational management from Shell and now wants to force the entire Dutch business community to its knees. And the citizen is not heard, but he is allowed to pay the price for these subsidized power grabs.”