TotalEnergies has appealed a French court ruling that ordered the company to strengthen its climate vigilance plan by including Scope 3 emissions—greenhouse gases generated when customers use its oil and gas products. The company argues that France’s duty of vigilance law does not extend to global climate change or emissions resulting from customer choices.

Key Overview

• TotalEnergies has appealed a French court climate ruling.
• The company disputes responsibility for customers’ Scope 3 emissions.
• The court ordered TotalEnergies to update its climate vigilance plan within six months.
• Environmental groups and the City of Paris are defending the ruling.
• The case could shape future corporate climate liability in Europe.

TotalEnergies Challenges Climate Disclosure Ruling

TotalEnergies has filed an appeal against a ruling by the Paris Judicial Court requiring the energy company to strengthen its climate vigilance plan by identifying and addressing risks associated with greenhouse gas emissions generated from the use of its oil and gas products.

The appeal follows a landmark judgment issued in June, which found that the company’s climate risk assessment was incomplete because it did not adequately address Scope 3 emissions—the indirect emissions produced when customers burn fossil fuels sold by the company.

TotalEnergies argues that climate change is a global issue that falls outside the scope of France’s duty of vigilance law and that companies should not be held legally responsible for the decisions consumers make about how they use purchased energy products.

Court Ordered Scope 3 Emissions Disclosure

The lawsuit was filed in 2020 by environmental organizations Notre Affaire à Tous, Sherpa, France Nature Environnement, together with the City of Paris.

The plaintiffs argued that TotalEnergies’ vigilance plan failed to adequately identify and manage climate-related risks associated with its operations, particularly emissions generated through the combustion of fossil fuels, which account for nearly 90% of the company’s GHG footprint.

The Paris Judicial Court ruled that climate-related risks linked to the company’s activities fall within the scope of France’s vigilance law and ordered TotalEnergies to update its risk mapping to include Scope 3 emissions and related mitigation measures within six months.

The company must submit a revised climate vigilance plan by the end of December 2026, with a compliance review scheduled for January 21, 2027.

TotalEnergies Rejects Responsibility for Customer Choices

In announcing its appeal, TotalEnergies said the duty of vigilance law was designed to address risks arising from a company’s own operations, subsidiaries, suppliers and subcontractors—not the activities of customers over whom it has no control.

The company argued that it cannot determine whether consumers choose petrol-powered vehicles, biodiesel or electric vehicles, adding that its role is to ensure that motorists have access to the energy they choose to use.

According to TotalEnergies, extending legal responsibility to customer emissions would go beyond the original intent of the legislation and expand corporate liability beyond reasonable operational control.

Environmental Groups Defend the Judgment

The environmental organizations behind the lawsuit welcomed the original ruling and confirmed they will defend it before the Paris Court of Appeal.

The groups argue that TotalEnergies cannot continue developing new oil and gas projects while claiming no responsibility for the foreseeable climate impacts associated with the combustion of its products.

They contend that excluding Scope 3 emissions from climate risk assessments would undermine the effectiveness of France’s duty of vigilance law and weaken corporate accountability for climate-related impacts.

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Shell Case May Influence the Appeal

TotalEnergies’ legal strategy may be strengthened by a recent ruling involving Shell in the Netherlands.

In 2024, the Court of Appeal of the Hague overturned a lower court decision that had required Shell to reduce its greenhouse gas emissions by 45% by 2030, concluding that the company could not be held legally responsible for emissions resulting from how customers use its products.

TotalEnergies is expected to rely on that decision in arguing that customer-generated Scope 3 emissions fall outside the legal responsibilities imposed by France’s vigilance law.

While the Dutch ruling does not directly bind French courts, it could influence broader legal debates over corporate responsibility for indirect emissions across Europe.

Growing Importance of Climate Litigation

The appeal highlights the increasing role of climate litigation in shaping corporate climate governance and environmental regulation.

Across Europe, courts are being asked to determine how far companies’ legal responsibilities extend for emissions generated throughout their value chains, particularly Scope 3 emissions, which often represent the largest share of emissions for oil and gas producers.

The outcome of the appeal could have implications for how companies prepare climate transition plans, disclose climate-related risks and manage legal exposure under emerging sustainability regulations.

Outlook

TotalEnergies’ appeal is likely to become one of the most closely watched climate litigation cases in Europe, particularly as regulators place greater emphasis on corporate accountability for value chain emissions. The final ruling could influence how France’s duty of vigilance law is interpreted and whether companies can be required to incorporate customer-generated Scope 3 emissions into their climate risk management frameworks. Beyond France, the case may shape future climate disclosure requirements, corporate governance practices and legal standards for major energy companies as governments continue strengthening climate-related regulation across Europe.

FAQs

1. Why is TotalEnergies appealing the ruling?

The company argues that France’s duty of vigilance law does not apply to global climate change or emissions resulting from customers’ use of its products.

2. What are Scope 3 emissions?

Scope 3 emissions are indirect greenhouse gas emissions generated throughout a company’s value chain, including when customers use its products.

3. What did the French court order?

The court ordered TotalEnergies to revise its climate vigilance plan within six months by including Scope 3 emissions in its climate risk assessment and mitigation measures.

4. Why is this case significant?

The appeal could set an important legal precedent on whether companies can be held responsible for customer-generated emissions under corporate climate accountability laws.

Sources: ESG Today, Ecofin Agency, Euronext Markets, Crude Oil Price Today, Yahoo Finance

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