The Market Substitution Argument in Milieudefensie et al. v. Shell judgment: A Threat to Justiciability for Scope 3 ...
Introduction On November 12, 2024, the Hague Court of Appeal overturned the judgment of the Hague District Court in Milieudefensie et al. v. Shell. While some elements of the legal reasoning remained aligned with the District Court’s decision there were …