French court orders TotalEnergies to include client emissions in vigilance plan

Paris, June 25, 2026 — A French court on Thursday ordered oil and gas giant TotalEnergies to account for emissions resulting from the use of its products by clients, in a high-stakes climate case brought by non-governmental organizations (NGOs) and the city of Paris.

The Paris Judicial Court, however, stopped short of imposing the measures sought by the plaintiffs, which included a halt to new fossil fuel projects and cuts in oil and gas production.

The case is the latest in a growing wave of climate litigation targeting major corporate emitters worldwide.

Legal Dispute Over Duty of Vigilance

The NGOs and TotalEnergies clashed in court over whether environmental risks fall under France’s corporate duty of vigilance law, enacted in 2017.

"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 court said.

During hearings in February, company lawyers had argued that the law did not cover global warming.

The four NGOs that brought the case countered that the law’s reference to the prevention of environmental risks encompasses both local pollution and climate change.

Indirect Emissions from End Users

The plaintiffs specifically accused TotalEnergies of refusing to account for indirect emissions from end users, which they said amounted to 342 million tonnes of CO₂ equivalent in 2024.

TotalEnergies argued that the law applied only to the company’s own operations and those of its contractors, not to customer activity.

The court, however, ruled that the company’s vigilance plan was "incomplete" and gave TotalEnergies six months to amend it to include such emissions from end users — known as Scope 3 emissions.

"Scope 3 greenhouse gas emissions are among the emissions resulting from the group’s activities within the meaning of the law, due in particular to the inherent link between oil and gas production and the combustion of the products by users," the court said.

Reactions and Broader Context

TotalEnergies has said it was the victim of "demonisation" by the plaintiffs. Its lawyers argued that climate change would continue even if the company, which accounts for less than two percent of global production, shut its operations.

The NGOs had sought a court order for TotalEnergies to halt new fossil fuel projects and cut oil production by 37% and gas production by 25% by 2030.

The company called the requested measures unreasonable and ineffective, arguing that production cuts or cancelled projects would simply shift output to competitors.

In a rare move, the Paris public prosecutor intervened in the civil proceedings and echoed TotalEnergies’ stance, warning that imposing an overly broad protection obligation on companies would not be workable.

Case History

The case, opened in 2020, had produced interim wins for campaigners. In 2024, the Paris appeals court allowed the lawsuit to proceed but dismissed claims from several local authorities, including New York City, which had sought to join the case. Only the city of Paris was recognised as having standing.

Other major polluters have faced legal action around the world. In late 2024, a Dutch appeals court overturned a landmark ruling that had ordered Shell to deepen emissions cuts. The country’s Supreme Court is due to issue a final ruling on that case.

Published: June 25, 2026 09:04 pm IST Source: AFP