The Role of Climate Litigation in the Development of a Mandatory Climate Due Diligence for energy companies.

Abstract

Climate change is a global phenomenon that affects every individual on our planet. Achieving the targets outlined in the Paris Agreement and mitigating the adverse effects within the planetary boundaries requires collective efforts. However, despite the urgent calls from the scientific community, many governments' NDCs are falling short. Consequently, a new approach is necessary. Energy companies, as significant GHG contributors, must take responsibility and reduce their carbon footprints consistently. Voluntary corporate standards have proven ineffective in driving meaningful shifts away from business-as-usual practices. As a result, the absence of robust regulatory obligations has led society to seek enforcement mechanisms through the judicial power. This thesis examines the influence of jurisprudence in shaping and interpreting sustainability due diligence regulations within the EU context. It specifically focuses on the case study of the transposition of the Milieudefensie v. Shell ruling into the proposed EU Due Diligence Directive. The interaction between climate litigation and mandatory due diligence laws is an ongoing area of study in academia, serving as a mechanism to strengthen climate governance. This thesis aims to contribute to the discussion and shed light on the emergence of climate due diligence for energy carbon majors.