Belgium: Farmer’s Judicial Appeal Against TotalEnergies for Climate Change Compensation

In the courts against French TotalEnergies he appealed to a farmer for compensation for the damage suffered by his farm because of it and requiring a court order to be issued against the multinational oil and gas company to stop investments in new fossil fuel projects. The lawsuit, which was filed today at the Tournee commercial court, is the first climate-related lawsuit filed in Belgium and targeted by a multinational company. It follows the group appeal case in which thousands of citizens filed a lawsuit against the Belgian government calling for stricter cuts in greenhouse gas emissions and were justified. A spokesman for TotalEnergies refused to comment on the case. Iz Fali, who breeds cattle in the Lesin community, argues that, as one of the first 20 companies in the world with the largest carbon dioxide emissions, TotalEnergys is partly responsible for the damage his business suffered due to extreme weather events during 2016-2022. During this period, the successive droughts reduced the crop to his pastures, where he cultivates food for his animals, thus forcing him to buy it and, ultimately, limit the number of animals he breeds. “Our work depends entirely on the climate,” Fali told Reuters. As he argues, TotalEnergies failed to comply with Belgian law, which states that anyone causing damage must compensate. This argument is similar to that used against the Belgian Government in the other climate change-related treatment. Fali and three activist organizations involved in the case seek to issue a court warrant that will oblige TotalEnergies to review its business plan. One of their demands asks the company to immediately suspend investments in new fossil fuel projects and reduce oil and gas production by 47% each by 2030. They also seek compensation, which, if they receive, Fali intends to donate it to a sustainable farming organisation in Belgium. This case is part of a series of growing court proceedings concerning climate change. It is indicative that by the end of 2022 2,180 such cases had been filed. Fali’s lawsuit, however, is unusual because it seeks to make a company accountable for climate change in a country different from its headquarters. SOURCE: RES-BE