Notre Affaire à Tous and Others v. Total

Summary:

The French NGOs Notre Affaire à Tous, Sherpa, Zea, and Les Eco Maires along with more than a dozen French local governments have taken the first step in a legal proceeding against French oil company and carbon major Total. Provided this action proceeds, it will represent the first French climate lawsuit against a fossil fuel company. The initiative seeks a court order forcing Total to issue a corporate strategy that 1) identifies the risks resulting from GHG emissions resulting from the use of goods and services that Total produces, 2) identifies the risks of serious climate-related harms as outlined in the last IPCC special report of October 2018, and 3) undertakes action to ensure the company’s activities align with a trajectory compatible with the climate goals of the Paris Agreement. The plaintiffs argue these obligations stem from domestic law Article L. 225-102-4.-I of the Commercial Code (Loi 27 Mars 2017 sur le devoir de vigilance des sociétés mères et des entreprises donneuses d'ordre). This law requires a company to produce a "plan of vigilance" that identifies and seeks to mitigate risks to human rights, fundamental freedoms, the environment, and public health that could result directly or indirectly from the operations of the company and of the companies it controls.

On June 18th, 2019, following a formal meeting with Total, the plaintiffs found no alternative but to announce the launch of a legal proceeding and issued a letter of formal notice (mise en demeure) to Total. Plaintiffs assert that Total now has 3 months to include adequate GHG emissions reductions targets in its latest “plan de vigilance” or they will file a lawsuit seeking a court order to force the company to comply with the law and the goals of the Paris Climate Agreement.

At Issue: Whether a French oil company violated the French Commercial Code by failing to adequately report climate risks associated with its activities and take action to mitigate those risks in line with the goals of the Paris Agreement