Legalità per il clima on behalf of 10 CSOs vs. ENI S.p.A.

Allegations

On 14 February 2022, Legalità per il clima on behalf of 10 CSOs (4 NGOs, 2 political parties, and 4 movements) filed a specific instance against ENI S.p.A. at NCP Italy. The complaint concerns the worldwide climatic impacts of the industrial plan of ENI, related to the extraction and marketing of fossil fuels.

The complainants allege that ENI has adopted an industrial plan for the next few years that is incompatible with the climate emergency. ENI has not publicly provided any information on the risk analyses of the strategies pursued and the methods used to carry out the analyses, thus rendering the efficiency and effectiveness of its climate strategy, which is supposed to lead to the claimed carbon neutrality by 2050, substantially unreliable.

The Complainants are seeking mediation from the NCP to achieve the following:

1. Formally and explicitly declare the climate emergency
2. Answer questions and queries concerning the climate effectiveness and sustainability of its industrial strategy
3. Recognise its identity as a company generating ‘intrinsic’ and ‘systemic’ climate risk, as well as the one-sided nature of its hazardous activity in the current climate emergency situation
4. To assume the period 2021-2040 as the only useful time period to act responsibly and contribute to averting ‘imaginable climate risks
5. To redefine climate risk, considering its ubiquitous and incremental nature, including the incumbency of ‘tipping points’
6. To assume Articles 2 and 3 of the UNFCCC as the normative constraint of its actions
7. To take the right to life of the present and future generations as the basis for the prioritisation of its actions and strategies
8. Identify and qualify the social costs of its actions and strategies
9. Prioritise human rights and climate emergency, in accordance with the OECD Guidelines
10. Redraft its Industrial Plan within the ‘crucial time’ window of 2021-2040, embracing the scientific formula of the climate emergency of Lenton et al.

Outcome

The complainant’s initial complaint cannot be published due to NCP Italy’s confidentiality requirements for complaints.

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