Notre Affaire a Tous v. Total

Cette page en français: Notre Affaire à Tous c. Total

Several NGO's sued the French carbon major Total seeking a court order forcing Total to bring its corporate practice in line with meeting the goals of The Paris Agreement. According to the plaintiffs, their complaint relies on the Law on the Duty of Vigilance, as well as the duty of environmental vigilance arising out of the the French Environmental Charter.

Background
The NGOs involved in the case, Notre Affaire à Tous, Sherpa, Zea, and Les Eco Maires, joined with several local French governments in filing suit against the French oil company Total in January 2020. The company Total is responsible for more than two-thirds of France's greenhouse gas emissions and is one of the top 20 contributors to worldwide emissions. After France passed the corporate duty of vigilance law in 2017, Total published its climate vigilance plan. The corporate duty of vigilance law mandates that companies like Total must "identify, prevent, mitigate and redress human rights and environmental impacts" from their activities and those of companies under their control (i.e. subcontractors or suppliers) in a plan publicly published. The plaintiffs allege that Total didn't provide enough detailed information in its vigilance plan for reducing its emissions and the company is still not in line with international climate agreements, which Total denies. The plaintiffs are asking the court to force Total to create a plan which
 * 1) identifies risks of emissions resulting from Total's production
 * 2) identifies risks of climate-related harms as mentioned in the October 2018 Intergovernmental Panel on Climate Change (IPCC) report
 * 3) takes action to align the company's actions with the goals of the Paris Agreement

Relevant Laws and Principles

 * 2020 Climate and Energy Package
 * Directive 2009/29/EC
 * Directive 2009/28/EC
 * Directive 2009/31/EC
 * Decision No. 406/2009/EC of the Parliament and the Council
 * 2017 Duty of Vigilance Law
 * Paris Agreement
 * IPCC October 2018 Report

Status
A judge ruled in February 2021 that a judicial tribunal should have jurisdiction and hear the case. The case is still pending.

Takeaways
This case is the first French case against a fossil fuel company and will set an important precedent for French corporations, especially those tied to the fossil fuel industry. One of the NGOs involved in the case, Notre Affaire a tous, was founded in 2015 for the purpose of seeking litigation in France similar to that of the Urgenda decision in the Netherlands, which was one of the first groundbreaking climate cases in Europe. By going after a corporation with corporate law, the plaintiffs will impact the corporate sector immensely, even outside of France. Even without a decision, the case is already making other oil companies take note and prepare for other types of litigation in their home countries. The duty of vigilance law is unique to France, but there are similar laws internationally so actors in other countries may look to this case for inspiration and strategy.

Links

 * Notre Affaire à Tous
 * Sherpa
 * Les Eco Maires
 * Total Vigilance Plan
 * Original letter to Total before litigation