Shell denies claims it withheld information or possessed unique knowledge about climate risks. The company says climate change has been a matter of public discussion and scientific research for decades, pointing to its own 1991 documentary, “Climate of Concern,” as publicly available acknowledgment of the issue.
Nearly 70 Filipino survivors of Super Typhoon Rai (Odette) are suing Shell in the United Kingdom, alleging the oil major’s fossil-fuel business exacerbated climate change and intensified the 2021 disaster. Environmental groups call it the first civil claim to directly link an oil company’s climate impact to deaths and injuries in the Global South. Shell disputes the premise, saying it is “simply not true” the company had unique knowledge of climate risks.
RELEVANT SUSTAINABLE GOALS
The Claim: Attribution Science Meets the Courtroom
The 67 plaintiffs—mostly from island and coastal communities in the Visayas—served a legal notice at Shell’s London headquarters and, absent a settlement, plan to seek damages before Britain’s High Court in December.
- The suit leans on climate attribution science, citing research from Imperial College London and Sheffield University that found human-caused warming more than doubled the likelihood of an event like Rai.
- Plaintiffs will invoke Philippine constitutional protections for a healthy environment, applying them through proceedings in a UK court.
- The case also references a 2022 Philippines Commission on Human Rights report, which concluded that 47 major fossil-fuel companies, including Shell, could be morally and legally responsible for human rights harms linked to climate damage.
Super Typhoon Rai struck in December 2021, leaving widespread devastation:
- More than 400 deaths, over 1,400 injuries, and damages of about US$915 million.
- Housing destruction estimates in the supplied record vary: about 425,000 homes destroyed, with other accounts citing more than a million homes.
- Displacement reached nearly 3.2 million people.
Survivors from Bohol’s Batasan Island say the community now floods at high tide even on sunny days, describing it as a “sinking island.”
The Allegations: Negligence, Unjust Enrichment, and Deception
Plaintiffs allege Shell knew for decades that fossil-fuel emissions would drive catastrophic climate disruption, yet expanded production and funded misinformation. They argue this conduct contributed to Rai’s severity, violating their rights and causing loss of life and livelihoods. One claimant said, “Who made the storms this strong? … We deserve accountability.”
Shell denies claims it withheld information or possessed unique knowledge about climate risks. The company says climate change has been a matter of public discussion and scientific research for decades, pointing to its own 1991 documentary, “Climate of Concern,” as publicly available acknowledgment of the issue. Recent U.S. lawsuits alleging public deception by oil firms, Shell notes, have been dismissed.
The suit joins a rising tide of climate litigation:
- At least 11 “polluter pays” cases were filed in 2024, according to researchers at the London School of Economics.
- A German court has ruled companies like RWE could be held liable for their emissions, though no firm has yet paid court-ordered climate damages.
- Observers say the Philippine case may test the reach of a recent International Court of Justice advisory opinionaffirming nations’ legal duties to act on climate change.
Backed by Greenpeace Philippines and Friends of the Earth chapters, the claimants say the case is about recognition and accountability, not just compensation. Advocates frame it as part of a broader effort to ensure major emitters pay for harm borne by low-emitting countries. As one supporter put it, climate survivors are turning to the courts as the venue of last resort when companies and governments fail to meet their responsibilities.
If successful, the lawsuit could open a path for communities in the Global South to seek damages from major carbon emitters for past disasters, redefining the contours of corporate responsibility in a warming world—and raising the stakes for how quickly heavy-emitting industries confront their climate legacy.
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