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What the Shell Judgment Means for US Directors


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.
Click here to read the article.
Commonwealth Climate and Law Initiative
The CCLI examines the legal basis for directors and trustees to consider, manage, and report on climate change and broader environmental risks, opportunities and impacts, and the circumstances in which there may be liability for failing to do so. We also work to advance knowledge on effective sustainable governance practice.
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The Commonwealth Climate and Law Initiative is a company limited by guarantee registered in England and Wales with company number 11813153 and with registered office at 128 City Road, London, United Kingdom EC1V 2NX.

Commonwealth Climate and Law Initiative

The CCLI examines the legal basis for directors and trustees to consider, manage, and report on climate change and broader environmental risks, opportunities and impacts, and the circumstances in which there may be liability for failing to do so. We also work to advance knowledge on effective sustainable governance practice.

Contact

The Commonwealth Climate and Law Initiative is a company limited by guarantee registered in England and Wales with company number 11813153 and with registered office at 128 City Road, London, United Kingdom EC1V 2NX.

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