A Paris court ruled on June 25 that TotalEnergies must amend its climate vigilance plan to account for Scope 3 emissions, which are greenhouse gases indirectly produced by customers burning the company’s fossil fuel products [1, 2, 3]. The court panel of three judges stated, "The extraction, refining, and subsequent sale of a barrel of oil inevitably lead to its combustion, regardless of the location or time. Scope 3 emissions are part of the negative impacts resulting from the own operations of TotalEnergies" [1].
The ruling came after a climate lawsuit filed in 2020 by NGOs including Notre Affaire à Tous, Sherpa, France Nature Environnement, ZEA, and the City of Paris. The groups brought the case under France’s 2017 Corporate Duty of Vigilance law, which requires companies to prevent environmental harm linked to their operations [1, 3].
TotalEnergies argued that customer emissions fall outside its decision-making and responsibility, but the court rejected this position [3]. Instead, it held that emissions generated downstream from the use of the company’s fossil fuels must be included in the company’s environmental risk plans.
The court did not impose specific emission reduction targets or ban new fossil fuel exploration projects. It focused solely on the company’s duty to recognize and address Scope 3 emissions within its vigilance plan [3]. TotalEnergies said it will comply by supplementing its plan with actions supporting customers’ emission reductions but noted that the outcomes depend on customer choices [1].
The court set a six-month deadline for TotalEnergies to revise its climate vigilance plan to reflect these requirements [1, 3]. This ruling marks a notable step in holding energy producers accountable for the indirect climate impact of their products.
