A Paris court ruled on June 25, 2026, that TotalEnergies must include the impact of indirect emissions, specifically Scope 3 emissions generated by its customers, in its climate change plans. This decision requires the French energy giant to modify its vigilance plan within six months to address these emissions, as judges determined TotalEnergies possesses the means to influence these through its investment choices and energy portfolio composition. This ruling is a partial victory for climate NGOs and the City of Paris, who filed the lawsuit, as it applies France's 2017 corporate duty of vigilance law to climate-related risks for the first time.
TotalEnergies had previously argued that the vigilance law only applied to its own operations and those of its contractors, not to customer activities. The company maintained that its 2017 vigilance plan covered only operational emissions (Scope 1 and 2), excluding indirect Scope 3 emissions, which plaintiffs estimated amounted to 342 million tonnes of CO2 equivalent in 2024. The court, however, clarified that Scope 3 emissions are inherently linked to the group's activities through the production and combustion of its oil and gas products.
Despite the landmark nature of the ruling, the court stopped short of imposing several key measures sought by the plaintiffs. These included demands for TotalEnergies to halt new fossil fuel projects and to implement significant production cuts—37% for oil and 25% for gas by 2030. TotalEnergies had countered these requests by arguing that such measures would be unreasonable, ineffective, and would simply shift production to competitors. The Paris public prosecutor also supported TotalEnergies' stance, warning against an overly broad interpretation of protection obligations for companies.
This case is part of a growing trend of climate litigation against major corporate emitters globally. The court's decision emphasizes that companies are not responsible for all climate change risks but must act according to their specific situation. A new hearing is scheduled for January to review TotalEnergies' revised assessment. The ruling is considered a significant step in French climate law, recognizing that climate risks fall under the duty of vigilance for large corporations.
