
TotalEnergies SE is fighting a lawsuit in Paris that seeks to block one of Europe’s top oil and gas producers from starting new fossil fuel exploration and extraction projects.
A group of non-governmental organizations and the Paris town hall asked judges on Thursday to force TotalEnergies to do more to fight climate change and limit global warming to 1.5°C compared to pre-industrial times.
The coalition of climate campaigners based its request on France’s duty of vigilance law, which requires large companies to draw up plans to identify and prevent a range of risks including environmental ones or face lawsuits.
A lawyer for TotalEnergies argued that the lawsuit’s demands were too far-reaching and go beyond the court’s powers. “In reality, what you are being asked to do is to ban TotalEnergies from carrying out its corporate purpose,” Maxime Mondain-Bernard said in court.
The energy major has faced mounting litigation from groups in France and was rebuked last year in a greenwashing case the same Paris chamber. The court criticized TotalEnergies for misleading consumers with climate pledges after changing its brand name from Total in 2021, and the firm didn’t appeal.
In the current case, Notre Affaire à Tous, Sherpa and France Nature Environnement pressed the Paris court to make TotalEnergies accountable for indirect emissions, those largely produced in a firm’s value chain. They argued that the French firm has levers to lower these so-called “Scope 3” emissions by responding to the demand for energy with alternatives to polluting fuels.
Lawyers for TotalEnergies argued that Scope 3 emission were out of the company’s control. “What alleged influence do we have to make Air France modernize its fleet?” attorney Denis Chemla asked in court. “What influence would we have to force Airbus to build lighter planes?”
The lawyers also argued that if TotalEnergies shut down all petrol stations in France, drivers would simply fill their tanks elsewhere.
The Paris trial hearings are set to end on Friday afternoon, and the judges will announce a ruling date at that time.
Photograph: The TotalEnergies SE office building in the La Defense business district in Paris. Photo credit: Nathan Laine/Bloomberg
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