TotalEnergies has been found liable for failing to fulfil its climate vigilance obligations by a French court.

Brought by a coalition of French local authorities and local civil society organisations, 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 case marked the first time that a court was being asked to apply this law directly to climate change.

In its judgement, the Paris Court of Justice recognised that the company has leverage over the emissions generated from the combustion of its oil and gas products (Scope 3). 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.

Indeed, a similar argument used by Dassault Aviation to ensure that private jet aircraft are categorised as in a green transition, albeit that aircraft users do have agency over the fuel used.

This article is based on reporting from Erath.org.

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