The China Mail - TotalEnergies awaits ruling in high-stakes climate trial

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

The plaintiffs are demanding a halt in new fossil fuel projects by the French energy group along with production cuts of 37 percent for oil and 25 percent for gas by 2030.

Company lawyers argued during February hearings at the Paris Judicial Court that France's corporate duty of vigilance law, enacted in 2017, does not cover global warming.

But the four NGOs that took TotalEnergies to court say the law's reference to prevention of environmental risks encompasses both local pollution and climate change.

- 'Drug dealer defence' -

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

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

TotalEnergies argues the law applies only to the company's own operations and those of its contractors, not to customer activity.

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

Anne Stevignon, a lawyer with the NGO Notre Affaire a Tous (Everyone's Business), told AFP that the argument was akin to a "drug dealer defence".

TotalEnergies claims 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.

"We are not asking TotalEnergies to shut down but to adopt reasonable measures to contribute to achieving climate goals," Stevignon said.

The case, opened in 2020, has 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 been taken to court around the world.

In late 2024, a Dutch appeals court overturned a landmark ruling that had ordered Shell to deepen emissions cuts.

C.Smith--ThChM