ESG Enforcement Tracker

In January 2020, a group of NGOs, including Sherpa and France Nature Environnement, together with 16 local authorities, including the cities of Paris and New York, brought proceedings against TotalEnergies, alleging that its 2019 vigilance plan failed to comply with the French duty of vigilance law in relation to the environmental impacts of its activities and alignment with the Paris Agreement.

In July 2023, the Paris judicial court dismissed the claim on procedural grounds. In June 2024, the Paris Court of Appeal held the claim admissible, while limiting standing to certain claimants, and remitted it for consideration on the merits.

In June 2026, the Paris judicial court ruled that climate-related risks fall within the scope of the duty of vigilance law. The court held that TotalEnergies must identify and disclose the risks associated with emissions from the use of its products, including Scope 3 emissions, and explain how it intends to address them. Finding the company’s vigilance plan incomplete, the court ordered it to be updated within six months.

However, the court declined to grant the broader remedies sought by the claimants, including the suspension of new fossil fuel projects and the imposition of emissions reduction targets, holding that it was not for the court to determine the company’s operational choices.

On 28 August 2026, TotalEnergies announced its intention to appeal, arguing that it should not be held responsible for consumers’ use of fossil-fuel vehicles and that climate change falls outside the scope of the French duty of vigilance regime.