TotalEnergies case – Climate change
For justice beyond
borders
Why was a legal action brought against TotalEnergies?
Sherpa recalls that any person accused or prosecuted by a national or international jurisdiction is presumed innocent until found guilty by a final court decision. In this respect, an appealable decision does not constitute a final decision.
While TotalEnergies claims to be “committed” to reach carbon neutrality by 2050, the measures taken by the multinational are still not in line with the objectives of the Paris Agreement.
In January 2020, following a formal notice served to the company, Sherpa and a coalition of organisations and local authorities took TotalEnergies to court. After several years of legal proceedings, lengthened by the company’s delaying tactics, a hearing on the merits of the case was held on the 19th and 20th of February 2026 at the Paris Judicial Court. Sherpa, Notre Affaire à Tous, France Nature Environnement and the City of Paris request the judge to order the oil company to take the necessary measures to reduce its greenhouse gas emissions consistently with the objectives of the Paris Agreement, in accordance with the Law on the Duty of Vigilance of March 27, 2017 and with the French Civil code provisions on ecological damage.
On the 25th of June 2026, the court found TotalEnergies liable for failing to fulfil its Climate Vigilance Obligations. It ordered the company to amend its due diligence plan within six months to take into account Scope 3 emissions, i.e. emissions linked to its customers’ use of the products sold by TotalEnergies. This ruling marks an important milestone, confirming that the duty of vigilance applies in full to the climate risks generated by multinationals.
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Why initiate legal action?
The law is a tool of power in a globalised world. It underpins power relations and encourages impunity for the most powerful. Because of their transnational nature, or the political and economic stakes involved, many violations escape justice. Bringing cases before the courts means putting the debate back on a legal footing, giving a voice to the people affected and thus restoring the legal tool to social movements.
Thanks to the work of NGOs and journalists, the consequences of globalisation are increasingly being documented and denounced. Our legal actions make it possible to initiate an contentious proceedings, establish the facts and apply the rules of law to these situations. They also aim to provide practical solutions by putting a stop to violations, holding the players concerned responsible and/or enabling victims to obtain compensation.
In support of our advocacy and in parallel with our legal laboratory and capacity-sharing activities, our legal actions are designed to contribute to wider and lasting change. They fuel public debate to highlight the limits of the legal framework and the obstacles facing the victims of globalised capitalism. They set precedents that shape a more protective legal framework.
