Introduction Royal Dutch Shell, the major integrated oil and gas company headquartered in the Netherlands and incorporated in the United Kingdom, is among the largest historic producers of fossil fuels and, through that production, one of the largest contributors to atmospheric greenhouse gas emissions. In a landmark analysis of the world’s largest carbon producers by the Climate Accountability Institute, emissions attributable to Shell’s products and operations rank fifth among the 50 investor-owned companies on the list, accounting for 2% of industrial greenhouse gas emissions since the beginning of the industrial revolution.1 Notwithstanding the global importance of its operations, its significant contribution to cumulative CO2 emissions and its active engagement on climate science, and climate policy for decades, Shell’s knowledge of and role in the climate crisis has received comparatively less attention than other leading Carbon Majors, such as ExxonMobil. A major new tranche of internal Shell documents unearthed by Jelmer Mommers from journalism platform De Correspondent and first released on Climate Files demonstrates that Shell’s history of flying below the climate investigation radar may be at an end. The documents, spanning the 1980s and 1990s, cover a critical period in the history of climate science, climate policy, and public debates about the risks and realities of both. By bringing to light Shell’s internal discussions of climate risks at a time when the company’s external actions have already been documented, these A Crack in the Shell | documents expose the dichotomies between the two for the first time. With Shell facing litigation and investigation in a growing number of jurisdictions, from US courts to human rights bodies in the Philippines, this information comes at a critical juncture. Absence of Evidence is not Evidence of Absence From #ExxonKnew to government investigations to exposés by researchers and media outlets, ExxonMobil has garnered far greater attention than other major oil companies, particularly those based primarily outside the United States. Significant, compelling, and growing documentary and testimony evidence demonstrates that investigations into Exxon are both justified and urgently needed – a perspective upheld by a growing array of courts and human rights bodies. At the same time, a compelling and growing body of evidence also makes clear that while investigations into climate accountability may begin with ExxonMobil, they cannot and should not end there. To some extent, the relative lack of attention paid to Shell to date may reflect differences, real or perceived, in the public posture of the companies with respect to climate change. Shell, unlike Exxon, has at times been more proactive about acknowledging the reality of climate change and has been vocal about its corporate commitment to combating climate change, despite the insufficiencies of those commitments. As previous work by CIEL and numerous other researchers demon2 | strates, however, Exxon was by no means the only company actively engaged in climate science, the misrepresentation of that science, or – more fundamentally – the continued production of fossil fuels in the face of mounting evidence and mounting impacts. Shell was an early and recurring participant in climate denial and obstruction schemes in the United States and Europe but then made public exits from the groups coordinating them, often after much of the core work had been done. As discussed more fully herein, that exit was not only belated, but also incomplete. Ironically, the release of the new Shell documents, including confidential internal communications, highlights a second and equally important factor at play in Shell’s lower profile relative to ExxonMobil: quite simply, we’ve seen few documents of this kind. By contrast, a substantial number of once internal communications from Exxon, American Petroleum Institute, and other industry actors have become public over the years, whether through investigation, litigation, or leaks. While this distinction may seem tautological, it is not: information breeds new information. Whether in investigation or litigation, one document leads to another, yielding names, dates, and connections that create an ever-expanding (and ever more accurate) roadmap to where additional documents might be found. For this reason, this latest set of documents is significant, filling in missing pieces of a story that spans decades, continents, and an array of disciplines. Just as the disclosure of Exxon documents has informed and fueled new investigations into that Center for International Environmental Law

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