TotalEnergies found liable for failing to fulfil its climate vigilance obligations
Factory chimney smoke. Photo by: @veeterzy, via: Unsplash
In the climate lawsuit brought by Notre Affaire à Tous, Sherpa, France Nature Environnement, and the City of Paris against TotalEnergies, the Paris Judicial Court has just ruled against the multinational for failing to meet its duty of climate vigilance. The court recognized that the company does indeed have a duty of climate vigilance that extends to its emissions from the combustion of oil and gas products (Scope 3), which account for nearly 90% of its carbon footprint. It ordered the multinational to improve its climate vigilance plan within six months, including appropriate measures to reduce its impact on climate risks. Failure to do so will result in TotalEnergies being found liable once again.
The court recognises that large French companies subject to the Duty of Vigilance Law are obligated to identify the climate risks resulting from their activities and those of their subsidiaries and to take the necessary measures to reduce their greenhouse gas emissions. This ruling marks an important milestone by confirming that the duty of vigilance fully applies to climate risks generated by multinational corporations…
The judges adopted a broad interpretation of the scope of the duty of vigilance regarding climate change, which extends not only to the company’s direct emissions (known as Scope 1 and 2) but also to emissions resulting from the use of its products (known as Scope 3). While TotalEnergies argued that Scope 3 emissions are those of its consumers, the court recognized that the company has leverage to cut these emissions.
The company has been ordered to publish a new vigilance plan within six months, which must include a new climate risk assessment and appropriate measures to mitigate climate risks...
The court confirms that climate considerations are within the scope of the European CS3D Directive of June 13, 2024, on the obligations of multinational corporations regarding human rights and the environment...despite the removal of the former Article 22...regarding the obligation for corporations to adopt climate transition plans…