Survivors take unprecedented action in wake of deadly storm: 'It takes incredible courage'

In the Philippines, coastal communities have been dealing with the aftermath of Typhoon Rai since 2021. Now, according to the Associated Press, a group of survivors aims to take legal action against Shell in the United Kingdom, demanding accountability for the devastation. 

The group sent a "Letter Before Action" in late October to the company "seeking an unspecified amount of compensation," according to the AP. Mongabay reported that the group includes 67 survivors whose mission is to secure justice for families affected by a disaster exacerbated far from their homes. 

Known locally as Super Typhoon Odette, the storm wrecked neighborhoods with storm surges and flooding. More than 400 people were killed, and around 114,000 were displaced. The recovery has taken years — for some, it is still ongoing. 

Those who lost loved ones, suffered injuries, and experienced damage are pursuing legal action against Shell in the UK courts. Their claim, according to the Guardian, argues that the company's fossil fuel operations, along with alleged disinformation campaigns and failures to curb heat-trapping pollution, intensified the storm's destructive power and violated Filipinos' constitutional right to a healthy environment. 

The news outlet has said the case could be the first known civil claim to connect a fossil fuel company's actions to deaths and injuries in the Global South. (Separately, the daughter of a woman who died of hyperthermia during a period of extreme heat in the United States sued seven oil and gas companies earlier this year.)

According to the Guardian, leaked documents show Shell was aware of the negative impacts of fossil fuel production for at least 60 years but continued to expand operations.

"The fact that they continued such acts despite knowing the harm they would cause, coupled with deliberately misinforming the public, can be considered acting contrary to certain provisions of Filipino law," Greg Lascelles, a partner at the firm Hausfeld and the leader of the legal team, told the outlet. 

The team holds that the law applicable to the case is Philippine law because the harm occurred in the Philippines — not in London, where Shell is headquartered. 

But the problem the survivors hope to address goes beyond their country too. Their case could challenge a system that they say sees communities like theirs bear the consequences of decisions made by corporations and governments far away. By taking legal action, they seek not only compensation for their losses but also recognition that their suffering was not inevitable.

According to the AP, the legal case cites a study from Imperial College of London's Centre for Environmental Policy that found that human-driven climate change "has likely more than doubled the likelihood of a compound event like Typhoon Odette." The case also cites a 2022 report from the Philippines' Commission on Human Rights that concluded that major fossil fuel producers have a moral and legal obligation to address harms linked to the pollution they generate, per the Guardian. 

Should companies be required to help recycle their own products? Definitely 👍 No way 👎 It depends on the product 🤔 They should get tax breaks instead 💰 Click your choice to see results and speak your mind.

The survivors' fight is gaining attention in the global movement pushing for polluter accountability, with many hoping the case could set a precedent, establishing that polluters can be held liable for real losses. Not unrelatedly, as Mongabay previously reported, the International Court of Justice found in July that "countries are legally obligated to protect present and future generations from the impacts of climate change."

Meanwhile, lawyer Tessa Khan told the Guardian that courts are typically the last resort. "It takes incredible courage and tenacity to pursue this legal option," Khan said. "But it will remain so as long as communities are finding that companies and governments in the global north are not fulfilling their responsibility and moral duties."

For families rebuilding their lives on sinking islands, the fight 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 that Shell and other companies now see us, the people who are suffering because of their business. We are now fighting back."

Get TCD's free newsletters for easy tips to save more, waste less, and make smarter choices — and earn up to $5,000 toward clean upgrades in TCD's exclusive Rewards Club.