In an article for the Harvard Law School Forum on Corporate Governance entitled ‘What the Shell Judgment Means for US Directors’, Cynthia A. Williams, Robert Eccles, Ellie Mulholland, Sarah Barker and Alex Cooper consider the implications of the May 2021 judgment in Milieudefensie and Ors. v Royal Dutch Shell plc for directors in the United States. The article addresses how climate change intersects with directors’ duties more generally, before then assessing how the Shell judgment feeds into a trend in which tort law is being used as a basis to hold governments and corporations to account for climate harms. The piece concludes with some key takeaways for directors and investors.
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