The oil company had been taken to court by six NGOs, which denounce a project carried out in defiance of human rights and the environment.
They did not win. Justice rejected, Tuesday, February 28, the six NGOs which had summoned TotalEnergies in summary proceedings for its megaproject of oil exploitation in East Africa, judging “inadmissible” their requests. The court considers that the associations did not respect the stages of the procedure by presenting at the hearing in December requests and grievances “substantially different” of those they had accused TotalEnergies in a 2019 formal notice, the starting point of the case.
>> We explain why TotalEnergies is being sued for its mega oil project in East Africa
“We are extremely disappointed by this decision which again delays a judgment on the merits of the case”, reacts Juliette Renaud, activist within the association Les Amis de la Terre. She challenges the ground of inadmissibility raised by the judge: “We had to update our evidence as the proceedings progressed, which lengthened due to the procedural battle launched by Total.”
“This decision does not give reason to the company, the court did not rule on the merits.”
Juliette Renaud, activist at Friends of the Earthat franceinfo
And to specify that the NGOs, which can appeal, will analyze the decision in detail and consult the communities concerned before deciding what to do next.
A pioneering law still little applied
These NGOs were tackling two inseparable projects: the Tilenga project, a drilling of around 400 wells in Uganda, a third of which in the Murchison Falls natural park, and the EACOP project (East African Crude Oil Pipeline), a heated oil pipeline of 1,500 km linking Lake Albert to the Indian Ocean, through Tanzania and protected areas. A megaproject that symbolizes TotalEnergies’ desire to continue to invest in new drilling despite global warming.
This legal procedure was a first. TotalEnergies is indeed subject to a pioneering French law of 2017 on the “duty of care” multinationals, which requires them to “preventing serious violations of human rights, the health and safety of people and the environment” across all of their global operations, including their suppliers. NGOs felt that the “vigilance plan” of the company flouted this law.
Another hearing scheduled for March
For its part, the company explains respond to the request of local governments seeking a profitable alternative to coal and ensure that this drilling, planned for 25 years, does not call into question its objective of net zero emissions in 2050. Work began in 2022 and the first drops of black gold are planned for 2025.
However, the oil giant is not done with justice. In another procedure, the French group is again assigned on the basis of the “duty of care” ; he is this time accused of underestimating the “risks of serious damage to the climate system” of its activities. A hearing is scheduled in Paris on March 22.