Philippines typhoon survivors are suing oil giant in legal first
What's the story
Survivors of Typhoon Rai, also known as Super Typhoon Odette, are suing fossil fuel giant Shell in a landmark legal case. The lawsuit is filed in the United Kingdom by 67 survivors from Batasan Island, Tubigon, Bohol province. They are demanding compensation for losses suffered during the devastating storm that hit the Philippines in December 2021, which left 400 dead and displaced nearly 3.2 million people.
Disaster impact
Typhoon Rai's destruction and Shell's alleged role
This is the first civil lawsuit to directly link polluting firms to deaths and injuries that have already happened in the global south. Other climate cases have primarily focused on future harms and risks. The lawsuit argues that Shell's polluting business contributed to manmade climate change, which exacerbated the typhoon's effects. It also claims that Shell violated the claimants' rights to a healthy environment and caused harm by neglecting to offset its emissions and engaging in climate disinformation.
Company response
Shell's knowledge of fossil fuel impacts
Leaked documents suggest Shell knew about the negative impacts of fossil fuel production at least 60 years ago but continued its operations. "The fact that they continued such acts despite knowing the harm they would cause, coupled with deliberately misinforming the public, can be considered acting contrary to certain provisions of Filipino law," the Guardian quoted Greg Lascelles, a partner at Hausfeld leading the legal team, as saying.
Legal proceedings
Legal proceedings against Shell
However, a Shell spokesperson denied allegations that the company had earlier knowledge of climate change. "The issue of climate change and how to tackle it has been part of public discussion and scientific research for decades," the firm said in a statement. The legal team representing the survivors delivered a letter before action to Shell, inviting the company to respond to the allegations. If no agreement is reached, they will file a case in December before the UK high court.
Rising lawsuits
Rise of climate litigation and supporting evidence
Climate litigation against companies has been rising globally, with researchers from the London School of Economics noting 11 "polluter pays" cases filed in 2024. An independent study found anthropogenic climate change more than doubled the likelihood of extreme weather events like Odette. The case is supported by a report from the Philippines's Commission on Human Rights, which investigated human rights violations related to the climate crisis.