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Calle de una ciudad brasileña anegada por inundaciones históricas, con casas parcialmente sumergidas y un bote de rescate
Ilustración alusiva a las inundaciones de 2024 en Rio Grande do Sul, Brasil.

Brazil sues Shell for $108 million over the 2024 floods

Brazil's prosecutor has sued Shell Brasil for the equivalent of $108 million in damages linked to the 2024 floods in Rio Grande do Sul, which killed nearly 200…

Brazil's public prosecutor has sued the local subsidiary of oil giant Shell for the equivalent of $108 million in damages linked to the deadly floods that struck the country's south in 2024, according to a judicial document obtained Friday. --- The context --- Torrential rains that fell on Rio Grande do Sul between April and May 2024 caused historic flooding. Nearly 200 people died, half a million more were displaced, and material damage was unprecedented. --- The facts --- For the prosecuting authority, Shell Brasil's liability is proportional to its parent company's contribution to global warming: 2% of the world's historical greenhouse gas emissions. The company, one of the largest in the world, must answer for its historical and ongoing contribution to emissions from the exploration, production and commercialization of fossil fuels. The prosecutor is seeking 270 million reais for environmental and moral damages to the climate, and the same sum for material damages, for a total equivalent to $108 million. The judicial document says the public civil action aims to establish the defendant company's civil environmental and climate liability for the damages of the extreme climate event. --- The positions --- The local NGO Instituto Preservar is a co-author of the legal action. Its lawyer, Thales Miola, said the costs of climate damage should not be borne only by society and by those who lost everything in the tragedy, and that major polluters must also be held accountable for their emissions. Shell Brasil said in an email that the company had not received formal notification of the proceedings. Maria Antonia Tigre, of the Sabin Center for Climate Change Law at Columbia University, described the case as the first time a national prosecutor has sued a major oil company over a climate catastrophe. --- What remains unknown --- It is still unclear when the company will be formally notified, which court will hear the case, and what criteria would govern the distribution of funds among victims and the state if the prosecutor wins. --- Unanswered questions --- Will Brazil's courts accept liability proportional to historical emissions? How will the court measure the exact share of Shell's parent company? Will this case set a precedent that other countries can invoke? --- EPM analysis --- The case goes beyond Rio Grande do Sul: it is the first time a national prosecutor has taken a major oil company to court over a specific climate catastrophe. Until now, the global legal battle against oil giants had been left to victims and organizations; now it is a state bringing the charges. The international context favors the suit: last year, German courts validated the legal principle in the case of Peruvian farmer Saúl Luciano Lliuya against German energy company RWE — though they rejected compensation in his case, they opened the door to other lawsuits — and there are parallel proceedings in the United Kingdom over Typhoon Odette of 2021 in the Philippines, in Switzerland against Holcim over the Indonesian island of Pari, and in Germany against RWE and Heidelberg Materials over the 2022 Pakistan floods. 📌 EPM Take: In EPM's view, the Brazilian lawsuit marks a turning point in climate justice: for the first time it is the state, through its prosecutor, charging a major oil company over a concrete catastrophe. If the thesis of liability proportional to 2% of historical emissions succeeds, the precedent will open a season of prosecutorial claims in every country hit by floods, fires or extreme storms. Shell, still without formal notification, will buy time, but the substance of the debate has already changed: who pays the climate bill.
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