Belgian farmer sues French energy giant for damage caused by climate change

Belgian Farmer Takes on TotalEnergies in Landmark Climate Change Lawsuit

A Belgian farmer stepped into a courtroom on Wednesday to face off against oil giant TotalEnergies, arguing that the French company should pay for damages caused by climate change. The case marks the latest in a growing trend of environmental litigation targeting major energy companies.

Before the hearing in Tournai, Belgium, farmer Hugues Falys addressed approximately 50 supporters who had gathered despite cold, rainy weather. “I brought this claim to force TotalEnergies to change its practices,” Falys told the crowd, demanding the company make its operations less harmful “for society in general and agriculture in particular.”

The lawsuit, supported by environmental organization Greenpeace, seeks not only financial compensation but also demands that TotalEnergies reduce its oil and gas production to limit greenhouse gas emissions that contribute to global warming. TotalEnergies did not respond to requests for comment, though in previous litigation the company has maintained it has already reduced emissions and is investing in greener energy alternatives.

“We think it’s time that the impunity of big polluters like TotalEnergies, that still exists today, ends and it has to end in court,” said Joeri Thijs of Greenpeace Belgium to reporters. The legal proceedings are expected to continue until mid-December.

This case joins a rapidly expanding global movement of climate litigation. According to the United Nations Environment Program, nearly 100 cases have been brought against major oil producers including BP, Exxon Mobil, and Shell over the past two decades, with the number of lawsuits doubling in the five years leading up to 2023. However, no lawsuit has yet resulted in any energy company being forced to pay damages directly related to climate change.

The legal landscape for climate litigation shows mixed results. In 2021, a Dutch court ordered Shell to cut carbon emissions in what was considered a landmark ruling brought by climate activists. That decision was later overturned on appeal and is currently pending before the Netherlands’ Supreme Court. Similarly, earlier this year, a German court ruled against a Peruvian farmer who argued that global warming increased his risk of catastrophic flooding and sought compensation from German energy company RWE.

The United States has emerged as the primary battleground for such cases. In January, the U.S. Supreme Court declined to hear an appeal from oil and gas companies attempting to block climate lawsuits, allowing a case brought by the city of Honolulu against Sunoco, Shell, Chevron, Exxon Mobil, and BP to proceed. A similar case is currently pending in Colorado.

Environmental activists have generally found more success targeting governments rather than corporations. In 2019, the Dutch Supreme Court established that protection from climate change effects was a human right, ruling that the government has a duty to protect its citizens. Similarly, a Paris court issued a comparable decision in 2021, though that ruling remains under appeal.

Last year, Montana’s Supreme Court upheld a groundbreaking climate ruling that determined the state was violating residents’ constitutional right to a clean environment by permitting fossil fuel projects without considering global warming impacts.

The fight against climate change has also moved beyond domestic courts into international legal forums. In July, the United Nations’ top court delivered an advisory opinion stating that countries could violate international law if they fail to take measures to protect the planet from climate change. The opinion also noted that nations harmed by climate effects could be entitled to reparations.

Europe’s highest human rights court ruled last year that countries must better protect their citizens from climate change consequences, siding with a group of elderly Swiss women in their case against the Swiss government.

While the full impact of these international rulings remains to be seen, legal experts suggest they create pathways for future domestic lawsuits and could reshape how both governments and corporations approach climate responsibilities.

As Falys’ case against TotalEnergies proceeds, it represents not just one farmer’s fight but a crucial test case in the broader global effort to hold major emitters legally accountable for their contributions to climate change.