Legal challenge launched against Rotterdam port authority over fossil fuel operations
Legal non-profit organization Advocates for the Future (AftF) has called on the Port of Rotterdam Authority to rapidly scale back fossil fuel operations and ensure the Port of Rotterdam is climate neutral by 2050. The move represents the opening stage of a climate case targeting Europe’s biggest port.
“The Port of Rotterdam is one of Europe’s largest fossil fuel and industrial hubs. Enormous quantities of oil, coal, and gas are imported, processed, and transported through the port,” the claimants said in outlining the importance of the case. “The greenhouse gas emissions linked to these activities are extremely high.”
AftF argues that the port authority, jointly owned by the city of Rotterdam and the Dutch government, carries a “weighty duty” to accelerate sustainability efforts, but says it is not fulfilling that responsibility.
“Port of Rotterdam Authority makes agreements with customers about direct emissions in the port, but refuses to make agreements about indirect emissions, even though that is where the major climate challenge lies,” the organization explains. This includes, for example, CO₂ emissions generated when fossil fuels imported and refined in Port of Rotterdam are ultimately used.
AftF director Maikel van Wissen argues that the port authority, as a government-owned enterprise, has a responsibility to act in the public interest. He says this responsibility includes safeguarding both present and future generations from the impacts of dangerous climate change. The organization has set a six-month deadline for the port authority to present a credible plan, warning that it will pursue legal action if no adequate steps are taken.
In building their case, the lawyers draw on precedent from earlier climate litigation. They cite the lawsuits by Urgenda Foundation and Greenpeace against the Dutch government, the landmark case brought by Milieudefensie against oil company Shell, and an advisory ruling from the International Court of Justice, which held last year that countries have a legal duty to protect the climate.
According to the claimants, their case is unique because it does not target “one factory, one pipeline, or one permit,” but rather a “public system player.” They summarise their argument in a question: “Can a government-owned company continue to focus on maintaining fossil fuel activities, while it is clear that those activities contribute to dangerous climate change and pose serious risks to current generations, young people, and future generations?”
Port of Rotterdam Authority has indicated that it will provide a response at a later time.
