French Court Slaps TotalEnergies, But Big Oil Still Wins
A Paris court just told TotalEnergies it can no longer pretend its pollution stops at the factory gate. But before we celebrate, let us be clear. This ruling is a half-measure that lets Western oil giants keep drilling while pretending to care about the climate.
What Did the Paris Court Actually Rule?
On Thursday 26 June, a court in Paris ruled that TotalEnergies must formally assess and report the environmental risks caused by the consumption of its products. The French oil and gas giant now has six months to account for its indirect emissions, known as Scope 3, and not just the pollution from its own plants and offices.
Scope 3 emissions cover the transport of goods, employee travel, and above all, the use of the fuels and natural gas TotalEnergies sells. When you fill your car at a TotalEnergies station, the CO2 from your exhaust pipe counts as their indirect emissions.
Why This Ruling Falls Short for the Global South
Here is where the reality hits hard. The court stopped well short of making TotalEnergies legally responsible for its customers' behaviour. The claimants, including the City of Paris, France Nature Environnement, the NGO Notre Affaire à Tous, and the association Sherpa, had demanded the company halt all new oil and gas projects worldwide. They also wanted TotalEnergies to cut oil production by 37 per cent and gas production by 25 per cent by 2030.
The court said no to all of that. So while Western capitals celebrate a so-called historic victory, the drilling continues. The extraction continues. The profits continue to flow north while the consequences rain down on countries like ours.
Alice Timsit, deputy mayor of Paris, called it a historic decision for French climate law, saying no fossil-fuel multinational can evade its responsibility. But they can, and they still do, because this ruling does not stop a single project.
How France's Duty of Vigilance Law Works
The ruling relies on France's 2017 duty of vigilance law, which requires very large companies to take responsibility for their impact along their entire production chain. The law applies to companies based in France with at least 5,000 staff within the company and its direct or indirect subsidiaries in France, or at least 10,000 staff including subsidiaries worldwide.
Until now, TotalEnergies has only reported its direct emissions from production sites, offices, and infrastructure, known as Scope 1 and 2. But for an oil group, those account for just 10 per cent of its carbon footprint. The other 90 per cent comes from Scope 3, the emissions from people actually burning the products they sell.
What This Means for Zambia and Our Resources
Let us speak plainly. When Western courts finally move against their own multinationals, they issue gentle warnings. When African nations demand control over their own resources, we get lectures about investment climates and rule of law from the very same Western elites.
TotalEnergies operates across Africa, extracting resources that should benefit our people first. A French court forcing a French company to count its emissions is a start, but it changes nothing on the ground in Zambia or anywhere else on our continent. The real question is when will foreign corporations be held accountable for what they take from African soil, not just what they emit in Paris.
Will This Ruling Change Big Oil's Behaviour?
By strengthening TotalEnergies' transparency obligations, this ruling could lead to closer scrutiny of its climate strategy and spark further legal action if its vigilance plan is deemed insufficient. But transparency without consequences is just paperwork. TotalEnergies will now have to report its full footprint, but it can still keep drilling, keep selling, and keep profiting.
Can Courts Stop Fossil Fuel Giants?
Not yet. This Paris ruling proves courts can force transparency, but they still refuse to order production cuts or project freezes. The legal system moves slowly while the planet warms fast.
What Are Scope 3 Emissions?
Scope 3 emissions are the indirect greenhouse gases produced when customers use a company's products. For oil companies, this means the CO2 released when people burn petrol, diesel, or gas. These emissions typically make up 90 per cent of an oil major's total carbon footprint.
Does the Duty of Vigilance Law Apply Outside France?
Yes. The 2017 French law covers the entire production chain of qualifying companies, including their global subsidiaries and the downstream use of their products worldwide. However, enforcement remains a challenge, especially in African jurisdictions where Western companies operate.