Paris Court Rules TotalEnergies Must Disclose Climate Risks Linked to Emissions of Its Products

Thursday’s ruling marked a partial victory for campaigners and the City of Paris in their attempt to hold TotalEnergies responsible for global warming.

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A French court on Thursday found fossil fuel giant TotalEnergies liable for failing to fulfill its climate vigilance obligations.

The case was brought by a coalition of French local authorities, alongside five local civil society organizations, who challenged TotalEnergies’ continued expansion of oil and gas production – the primary fossil fuels driving climate change alongside coal – despite extensive and indisputable scientific evidence of their impact on global climate. The France-based multinational is one of the world’s top six “supermajor” oil companies and one of the 20 largest historical emitters of planet-warming greenhouse gases.

More specifically, the claimants argued that TotalEnergies’ strategy is incompatible with its legal duty of vigilance under a 2017 national law, which requires large French companies to publish and implement a “vigilance plan”. The plan must map out and actively prevent serious violations of human rights, public health, and environmental destruction caused by the company, its subsidiaries, or its suppliers. If a company turns a blind eye or writes a subpar plan, the law gives judges the teeth to step in. Courts can issue sweeping injunctions to force compliance, and they can order massive financial penalties.

The case marked the first time that a court was being asked to apply this law directly to climate change.

In its Thursday judgement, the Paris Court of Justice recognized that the company has leverage over the emissions generated from the combustion of its oil and gas products – in other words, the emissions generated by consumers. These emissions, better known as Scope 3, account account for 91% of TotalEnergies’ carbon footprint. The company has repeatedly argued that it bears no legal responsibility for Scope 3 emissions, claiming they are entirely attributable to the choices of its customers.

“Climate-related risks and impacts to which the company may contribute through its activities fall within the scope of the law on the duty of vigilance for parent companies and ordering companies,” the judges said.

They ordered the multinational to include Scope 3 emissions in its climate vigilance plan within six months, including appropriate measures to reduce its impact on climate risks, as they set a new hearing for January 21, 2027. Failure to do so will result in TotalEnergies being found liable once again. It marked the first time a court anywhere in the world has established oversight of a corporate emissions reduction plan.

The multinational must also pay 20,000 euros (US$22,720) to each of the claimants.

Thursday’s ruling marked a partial victory for campaigners and the city of Paris in their attempt to hold TotalEnergies responsible for global warming. The judges stopped short of listing specific, enforceable measures to limit the company’s fossil fuel activities.

The same court found TotalEnergies guilty of greenwashing last year, having misled consumer regarding its 2050 net-zero targets and “carbon-neutrality” claims. It was the first greenwashing judgment ever issued against the oil industry’s net zero narrative.

Despite positioning itself as a “major player in the energy transition”, TotalEnergies has plans to increase its hydrocarbon production by 3% per year until 2030, with at least two-thirds of its investments in fossil fuels. This directly contradicts the scientific consensus that halting new gas and oil field projects is the only way to keep the 1.5C-compatible net-zero emissions scenario alive.

In a statement, TotalEnergies expressed “satisfaction” that the court did not stop it from pursuing new oil and gas projects, saying it is a confirmation “that it is not for the court to fix the targets for Total to meet.” It added that it will update its climate policies following the ruling.

Fossil Fuel Companies Intensify Heatwaves

The ruling comes as much of Europe swelters in a record heatwave that scientists say would have been “virtually impossible” without climate change. The world’s largest fossil fuel and cement producers have been found to have directly intensified hundreds of heatwaves worldwide this century.

“This is an important decision during these days of unprecedented heat waves: fighting climate change also means fighting for a livable future in our daily lives. Multinational corporations—particularly oil and gas companies like TotalEnergies—must do their part to protect our loved ones, the regions we hold dear, and those most vulnerable to the effects of climate change,” said Sherpa, Notre Affaire à Tous, and France Nature Environnement – three of the local civil society organizations behind the lawsuit – in a joint statement on Thursday.

Lawsuits holding businesses, particularly fossil fuel companies, accountable for their role in climate change are on the rise globally. Claims range from damage contributions to greenwashing and insufficient climate risk management.

“Governments and companies are increasingly having to consider the legal ramifications of pushing ahead with oil or gas projects, as they risk being dragged through the courts,” said Catherine Higham, Senior Policy Fellow at the Grantham Research Institute on Climate Change.

Featured image: Rémy El Sibaïe.