An unprecedented climate lawsuit opens in Belgium today: farmer Hugues Falys and three NGOs are taking oil giant TotalEnergies to court for its role in climate change. Hearings begin today before the Tournai Commercial Court. Beyond seeking compensation for the damages suffered on Hugues Falys’s farm, the main objective of this new climate case is to compel TotalEnergies to stop investing in new fossil fuel projects.
Outside the Tournai Commercial Court, the Farmer Case team is conducting a symbolic search through a haystack — they are looking for TotalEnergies’ climate ambitions. Although the French multinational claims to be one of the most environmentally friendly companies in the fossil fuel sector, its climate-damaging practices suggest otherwise and form the basis of this lawsuit in Tournai.
TotalEnergies’ responsibility in climate disruption
Farmer Hugues Falys and three NGOs — Fian Belgium, Greenpeace and the Human Rights League — are taking French multinational TotalEnergies to court, accusing it of contributing to climate change and being responsible for its consequences, including heatwaves and droughts. ‘It’s time we debated the responsibility of these multinationals for climate change, and time they were held accountable,’ said Hugues Falys upon entering the court. Over 10,000 citizens are supporting Hugues in this climate action.
30 climate bombs and proven greenwashing methods
TotalEnergies, Belgium’s leading distributor and refiner, is currently behind 30 “carbon bombs” according to a new count by the Carbon Bombs project. These carbon bombs are massive fossil fuel projects (coal, oil, or gas) that will each generate more than a billion tonnes of CO₂ over their lifetime. In addition to these 30 carbon bombs, TotalEnergies is also involved in 106 new extraction projects and 18 liquefied fossil gas terminals.’TotalEnergies is the most active multinational in the world when it comes to new fossil fuel projects. These projects run counter to the recommendations of the International Energy Agency, which already stated in 2021 that new oil and gas projects were incompatible with the Paris Agreement,’ the plaintiff NGOs stress.
TotalEnergies also misleads its consumers by engaging in greenwashing in its communications: the multinational has just been condemned by the French courts in this regard. According to the Paris Court of Justice, TotalEnergies misleads its customers by touting its commitments to carbon neutrality by 2050, when its activities are almost exclusively focused on fossil fuel.
Finally, TotalEnergies has also deliberately fuelled doubt about the origins of climate disruption, notably to counter early emerging climate policies both at the European and international levels.
Repairing and preventing future damage
For Hugues Falys and the supporting NGOs, the aim of this climate action is to compel TotalEnergies to repair the damages it has contributed to and to push the multinational to move away from fossil fuels. Among the demands made by the plaintiffs is the cessation of all investments in new fossil fuel projects.
Decisions that strengthen climate justice
Built thanks to the work of dozens of volunteers, the Farmer Case enters this trial with determination and hope. ‘Major rulings in recent months have strengthened climate justice, and these rulings will support the arguments of the Farmer Case,’ the three NGOs emphasise.
On 23 October, the French courts condemned TotalEnergies for greenwashing, a world first. Last July, the International Court of Justice marked a turning point in international law by stressing the strict obligations of States to protect the climate system. Around the same time, the Italian Supreme Court recognised the possibility of holding oil multinational ENI liable for climate damage caused by its activities and those of its subsidiaries. This comes on top of the European Court of Human Rights ruling condemning Switzerland for climate inaction, and the appeal win by Klimaatzaak, which requires the Belgian federal state and the Brussels and Flemish regions to reduce greenhouse gas emissions by at least 55% by 2030.
Four days of pleadings
19 November is the first day of pleadings, with the plaintiffs presenting their cases. On 26 November, TotalEnergies will present its case. The afternoons of 4 and 11 December will be reserved for rebuttals and questions and answers.
Contact
- Greenpeace: +32 496 26 31 91
- FIAN: +32 483 17 55 77
- LDH: +32 473 74 16 00