Letter by Seattle Avocats to Mr. Patrick Pouyanné, Total's CEO, concerning the application of the French duty of vigilance law
We have been commissioned by...[thirteen mayors of French territorial communities], as well as by [four] NGOs “Les Eco Maires”, “Notre Affaireà Tous”, “Sherpa” et “Zéa” to challenge you on the respect of the duty of vigilance which is imposed on your corporate group and which extends to climate risks...
[Richard Heede's work has shown that Total was responsible for 0.7% of all global greenhouse gas emissions in 2015, and 0.9% for the period 1988/2015.]
[Nevertheless, your vigilance plan] does not reflect the reality of the impacts of your activities and the risks of serious damages to the climate system that they induce.
First, the published risk map does not mention the climate change risk resulting from the global increase in greenhouse gas emissions from your own operations...
Secondly, the vigilance plan does not include any appropriate action to mitigate the risks and prevent serious harms arising from climate change...
[Your] plan will have to incorporate the actions that you will not fail to adopt in terms of mitigation of climate risk and prevention of serious damage to the environment and human rights that result.
You will thus draw the necessary consequences for your business...