French court finds TotalEnergies guilty of non fulfilment of ‘vigilance’ duty on climate

A French court in Paris on Thursday ruled that TotalEnergies must take responsibility for the full scope of greenhouse gas emissions across its supply chain— including emissions from customers’ use of its products. 

In the landmark climate case against the oil giant, the court said TotalEnergies could not hide behind consumers and needs to account for the full range of its emissions, including those from the use of its products. 

It noted that the company’s failure to account for these indirect, ‘Scope 3’ emissions that constitute the vast majority of its contribution to dangerous warming is a violation of its obligation under France’s landmark duty of vigilance law, the court found. 

The ruling marked the first time a French multinational corporation has been held liable under the 2017 law for failing to meet its obligations regarding climate-related risk. Celebrating the ruling climate advocates said the decision was significant as it paved the way for climate accountability of multinational companies in France. 

Senior environmental legal officer at Sherpa, one of the French organisations that instituted the lawsuit, Théa Bounfour said in a press conference that the ruling also sent a clear message that fossil fuel companies were responsible for all of their emissions, including those generated by customers using their products. 

The Paris Judicial Court ordered TotalEnergies to revise its vigilance plan within the next six months to incorporate the impacts on human rights and the environment from the company’s Scope 3 emissions, which account for over 90 percent of its total attributable carbon emissions. 

Corporate vigilance plans are required under French law, whereby companies must identify risks to human rights and the environment resulting from their operations and outline measures they will take to mitigate these harms. 

Meanwhile, TotalEnergies in a statement said that it “takes note of the Court’s request to also include customers’ emissions (Scope 3) in its vigilance plan and to update it accordingly.” 

The company said that it will supplement its plan by drawing on its sustainability report, in which it “describes the actions implemented to support its customers in reducing their emissions, notably through the development of electricity and biofuels production and sales activities. 

“The company thus aims to bring to market an energy mix with progressively lower carbon intensity year after year and targets a 25 percent reduction in the carbon intensity of the energy products sold by 2030 compared to 2015, after achieving an 18 percent reduction achieved by the end of 2025.” 

The oil major added that it recalled that changes in its customers’ emissions also depended on their own investment and consumption choices, such as purchasing an electric vehicle, a heat pump, or using biofuels. 

The court will hold another hearing in January next year to consider whether TotalEnergies’ revised plan is adequate. According to the plaintiffs, the court could, at that point order, the company to take additional or more specific measures to address climate risks, such as reducing emissions or curbing its oil and gas expansion. 

The court stopped short of ordering these measures in its ruling Thursday—a point which TotalEnergies said it “notes with satisfaction.” The ruling comes as much of Western Europe suffers through a record-breaking heat wave that scientists say is directly linked to fossil-fueled climate change. 

France saw its hottest days on record this week while most of the country was under a red alert, which applies to a heat wave episode of “exceptional intensity” similar to the one in 2003 that resulted in thousands of fatalities across Europe. 

“As Europe swelters under another deadly heatwave, the French court has sent a strong message: fossil fuel companies will be held accountable for all of the emissions arising from their activities. TotalEnergies can no longer hide behind the argument that it should not be liable for the use of its products.