Read

User menu

Search form

Did Shell's Failure to Disclose Climate Risks Break the Law?

Did Shell's Failure to Disclose Climate Risks Break the Law?
Thu, 3/10/2016 - by David Hasemyer
This article originally appeared on Inside Climate News

Three members of Congress have asked the Securities and Exchange Commission to investigate whether Shell Oil Co. violated securities laws by failing to adequately disclose material business risks from climate change.

Members of the House Oversight and Government Reform Committee, led by California Democrat Ted Lieu, said in a letter to the SEC that Shell understood the consequences of climate change and made business decisions based on that knowledge.

"Yet, Shell funded and publicly engaged in a campaign to deceive the American people about the known risks of fossil fuels in causing climate change," the lawmakers said in their letter to SEC Chairwoman Mary Jo White.

"As a publicly traded company, Shell has a duty to follow U.S. securities law … including disclosure requirements as they apply to business or legal developments relating to the issue of climate change," the lawmakers said in the letter. "Unfortunately, it appears that Shell may have omitted or misrepresented material information in official filings."

The call for an SEC probe of Shell is similar to an earlier demand that securities regulators investigate ExxonMobil. There has been a rising chorus of demands from lawmakers, presidential candidates, environmental activists and climate scientists for federal inquiries into whether Exxon's actions and communications on climate change violated U.S. laws.

InsideClimate News reported last week that the Justice Department referred a request to investigation Exxon to the FBI's criminal investigation unit.

Shell spokeswoman Natalie Mazey and SEC spokeswoman Judith Burns both declined to comment.

The letter to the SEC cites investigative reporting by InsideClimate News and later by The Los Angeles Times reporting on early research into climate change by Shell, Exxon, Texaco and other fossil fuel companies.

Based on information from the news stories, Shell "intentionally obfuscated the role of fossil fuels in influencing climate change," according to the letter signed by Lieu and fellow Democrats Matthew Cartwright of Pennsylvania and Peter Welch of Vermont.

As an example of Shell's awareness of climate change and its impacts on the company's business, the congressmen's letter cites a Los Angeles Times report that Shell announced in 1989 it was redesigning a long-term, $3 billion natural gas platform in the North Sea because of rising sea levels from global warming.

But even then, Shell went on to fund climate deniers, according to the letter. It cited Shell's membership in the Global Climate Coalition, a collection of the largest companies seeking to block government efforts to curb fossil fuel emissions.

"Based on the allegations above, it appears U.S. securities laws may have been violated," according to the letter. "If you determine that violations did occur, we respectfully request the SEC to seek appropriate equitable remedies against Shell."

In the case of Exxon, scientists repeatedly briefed the company's top executives of the probability of rising global temperatures driven largely by fossil fuel use in the late 1970s. Yet the company didn’t elaborate on the carbon problem in SEC filings during the height of its research. Nor did it mention in the filings that concerns over carbon dioxide’s effect on climate change were influencing business decisions.

White made a noncommittal response to the earlier request for an investigation of Exxon.

"I want to assure you that the Commission's staff will consider carefully the information included in your correspondence in connection with our statutory and regulatory responsibilities," White said in a letter to Lieu.

Lieu said he hopes an investigation will not only address possible harm to investors but will send a message industry-wide that it has a responsibility to halt climate change.

"Climate change is the one issue that can kill humanity as a species if it isn't stopped and mitigated right now," Lieu said. "If there is a successful prosecution, hopefully a settlement can lead to companies taking action to mitigate climate change."

Originally published on Inside Climate News

3 WAYS TO SHOW YOUR SUPPORT

ONE-TIME DONATION

Just use the simple form below to make a single direct donation.

DONATE NOW

MONTHLY DONATION

Be a sustaining sponsor. Give a reacurring monthly donation at any level.

GET SOME MERCH!

Now you can wear your support too! From T-Shirts to tote bags.

SHOP TODAY

Sign Up

Article Tabs

This last month has shown America that society will gladly tolerate vigilante violence, provided a vigilante chooses the right target.

President-elect Donald Trump isn’t just appointing incompetent buffoons to his Cabinet, but deeply immoral individuals who are completely lacking in family values.

Biden cared more about the appearance of having an independent DOJ untainted by politics than he did about holding an unrepentant criminal ex-president accountable.

The American people clearly spoke, and the drubbing Democrats received requires looking beyond just issue polls, voting patterns, campaign strategy, or get-out-the-vote tactics.

The recent decisions by two of the most influential national newspapers of record to not publish their endorsements of Vice President Kamala Harris says a lot about how seriously they take Trump’s threats to democracy and his promises of vengeance against his enemies.

This last month has shown America that society will gladly tolerate vigilante violence, provided a vigilante chooses the right target.

If the Democrats’ theme of 2017 was Resistance, the theme for Democrats in 2025 needs to instead be Opposition — and these two GOP senators may be the models to emulate.

President-elect Donald Trump isn’t just appointing incompetent buffoons to his Cabinet, but deeply immoral individuals who are completely lacking in family values.

Biden cared more about the appearance of having an independent DOJ untainted by politics than he did about holding an unrepentant criminal ex-president accountable.

The country has never moved as close to the course it took under Benito Mussolini as it is doing now — and even if Meloni is not a neo-fascist politician, she has put herself in a position to appeal to and broaden fascism's political base.

On the eve of the historic November vote, it seems important to ask: What's wrong with men, how did we get here, and can we change this?

Posted 1 month 3 weeks ago

The recent decisions by two of the most influential national newspapers of record to not publish their endorsements of Vice President Kamala Harris says a lot about how seriously they take Trump’s threats to democracy and his promises of vengeance against his enemies.

Posted 1 month 3 weeks ago

The American people clearly spoke, and the drubbing Democrats received requires looking beyond just issue polls, voting patterns, campaign strategy, or get-out-the-vote tactics.

Posted 1 month 6 days ago

As Trump’s campaign grows increasingly bizarre, his team appears to be more tightly controlling his movements and carefully scripting his public appearances to minimize the negative impact his erratic behavior may have on undecided voters in swing states.

Posted 1 month 4 weeks ago

Biden cared more about the appearance of having an independent DOJ untainted by politics than he did about holding an unrepentant criminal ex-president accountable.

Posted 2 weeks 6 days ago

Biden cared more about the appearance of having an independent DOJ untainted by politics than he did about holding an unrepentant criminal ex-president accountable.

The country has never moved as close to the course it took under Benito Mussolini as it is doing now — and even if Meloni is not a neo-fascist politician, she has put herself in a position to appeal to and broaden fascism's political base.