A French court has ordered TotalEnergies to include downstream emissions from customers burning its oil and gas in its climate plan [1, 2].
This ruling marks the first time the French Duty of Vigilance law has been applied to climate change. By forcing the company to account for pollution created by its end-users, the court is expanding the legal definition of corporate environmental responsibility.
The Duty of Vigilance law requires large companies to implement plans to prevent human rights abuses and environmental risks [1, 2]. Until now, the company's climate strategies had largely ignored the emissions generated when its products are consumed, a category known as downstream emissions.
The court ruled that the company must integrate these specific emissions into its formal climate strategy to comply with the law [1, 2]. This shift moves the legal focus from the company's internal operations to the broader impact of its business model, including the pollution caused by the combustion of the fossil fuels it sells.
TotalEnergies must now adjust its vigilance plan to address these risks [1, 2]. The decision sets a legal precedent in France regarding how energy companies must disclose and mitigate their total carbon footprint.
“A French court ordered TotalEnergies to count the pollution created when people burn its oil and gas.”
This decision shifts the legal burden of climate accountability from the consumer to the producer. By classifying downstream emissions as a preventable environmental risk under the Duty of Vigilance law, the court has created a mechanism for holding fossil fuel companies liable for the total lifecycle of their products, potentially opening the door for similar litigation against other energy giants in Europe.
