Is Shell to blame for a ‘super typhoon’? Philippines survivors to sue oil giant in legal first

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With 66 other typhoon survivors from island communities in the Philippines, [Trixy Elle] is suing the fossil fuel company Shell in the UK courts, demanding financial compensation for the losses and damage they experienced under Odette. It is an unprecedented lawsuit in the UK and globally, as the first civil claim to directly link polluting companies to deaths and personal injuries that have already happened in the global south. Other climate lawsuits have so far focused on future harms and risks.

The legal team representing the survivors delivered the letter before action to Shell, which is domiciled in London, on Wednesday. The letter invites the company to respond to the allegations. If no agreement is reached between the parties, the survivors will file a case before the UK high court in December.

The claim argues that Shell’s polluting business has contributed to anthropogenic climate change, which intensified the typhoon’s impact. Using Philippine laws, it asserts that the firm has violated the constitutional rights of the claimants to a healthy environment, and that it caused harm by failing to mitigate its emissions and engaging in climate disinformation and obfuscation of climate science. The case also seeks potential injunctive relief to prevent further violations to human rights.

Leaked internal documents suggest Shell knew of the extensive negative impacts of fossil fuel production and consumption at least 60 years ago but continued to expand and significantly profit from its business.

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