In the Philippines, coastal communities have been dealing with the aftermath of Typhoon Rai since 2021. Now, a group of survivors plans to take legal action against Britain’s Shell, claiming responsibility for the damage, the Associated Press reports.
The group sent a “pre-action letter” to the company in late October “seeking an unspecified amount of compensation,” according to the Associated Press. Mongabay reports that the group includes 67 survivors whose mission is to bring justice to families affected by the disaster far from home.
The storm, known locally as Super Typhoon Odette, devastated communities with storm surge and flooding. More than 400 people died and about 114,000 were displaced. The recovery took years — and for some, it’s still ongoing.
Those who have lost loved ones, been injured and suffered losses are taking legal action against Shell in the UK courts. Their claim is that the company’s fossil fuel operations, along with alleged disinformation campaigns and a failure to curb heat-trapping pollution, exacerbated the storm’s destructive power and violated Filipinos’ constitutional rights to a healthy environment, The Guardian reported.
The news outlet said the case may be the first known civil claim linking the actions of fossil fuel companies to casualties in the Southern Hemisphere. (Also, earlier this year, the daughter of a woman who died of heat during the U.S. heatwave sued seven oil and gas companies.)
According to the Guardian, leaked documents show that Shell has been aware of the negative impacts of fossil fuel production for at least 60 years but has continued to expand its operations.
Greg Lascelles, a partner at law firm Hausfeld and head of the legal team, told the media: “The continued conduct of such acts despite their knowledge that they would cause harm, coupled with the deliberate misleading of the public, can be considered a violation of certain provisions of Philippine law.”
The team argued that the applicable law in the case was Philippine law because the injuries occurred in the Philippines and not in London, where Shell is headquartered.
But the survivors also want to address issues beyond their countries. Their case could challenge a system where, they say, communities like theirs bear the consequences of decisions made by businesses and governments from afar. By taking legal action, they are not only seeking compensation for damages, but also an acknowledgment that their suffering was not inevitable.
The legal case cites a study by the Center for Environmental Policy at Imperial College London that found human-driven climate change “may more than double the likelihood of compound events like Typhoon Odette,” according to the Associated Press. The case also cited a 2022 report by the Philippine Human Rights Commission, which concluded that major fossil fuel producers have a moral and legal obligation to address the harms associated with the pollution they produce, The Guardian reported.
The survivors’ struggle has gained traction in the global movement pushing for polluter liability, and many hope the case will set a precedent that polluters can be held liable for actual damages. As Mongabay previously reported, the International Court of Justice ruled in July that “states have a legal obligation to protect current and future generations from the effects of climate change.”
Meanwhile, lawyer Tessa Khan told the Guardian that the courts were usually a last resort. “It takes incredible courage and perseverance to pursue this legal option,” Khan said. “But this will continue as long as communities see companies and governments in the Global North failing to live up to their responsibilities and ethical obligations.”
For families rebuilding their lives on the sinking island, the battle continues.
“My motivation is my children’s future,” claimant and Odette survivor Trixy Elle told the news outlet. “I don’t want my children to suffer again.”
Elle continued: “With this case, I hope Shell and other companies now see us, the people who are suffering because of their business. We are fighting back now.”
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