A legal case in Belgium is testing whether a single energy company can be held responsible for farm-level climate impacts. Belgian cattle farmer Hugues Falys, based in Hainaut province, has taken TotalEnergies to court, arguing that extreme weather events that damaged his crops are linked to the company's fossil fuel activities.
Falys experienced multiple weather-related losses, including a 2016 storm that destroyed his entire strawberry crop and most of his potatoes. Heat waves and droughts in 2018, 2020, and 2022 reduced fodder availability, forcing him to purchase feed. He said these events have affected his farm operations and mental well-being. Falys told the court that he has shifted to organic production, stopped using chemical pesticides and fertilizers, and reduced herd size, but believes his adaptation efforts are being undermined by "carbon majors like TotalEnergies."
Supported by NGOs and a legal team, Falys is seeking financial compensation and a court order requiring the company to halt investment in new fossil fuel projects, reduce emissions, and adopt a transition plan aligned with the Paris Agreement. His lawyers spent six hours presenting scientific reports to link TotalEnergies' fossil fuel production, resulting emissions, and climate impacts on the farm. They argue the company is responsible due to five faults: continuing fossil fuel exploitation despite known impacts, casting doubt on scientific findings, lobbying against stricter climate measures, adopting a transition plan not aligned with Paris targets, and engaging in greenwashing in Belgium. Lawyer Marie Doutrepont said, "Every ton [of CO2 emissions] counts, every fraction of warming matters," and called on the judges "to be brave."
NGO representatives said the case joins a wider movement of climate litigation, with more than 2,900 cases filed globally. Greenpeace Belgium noted that this is the first time in Belgium that a court may assess the legal responsibility of a carbon emitter for damages suffered by farmers. Other NGOs referenced previous cases, including Friends of the Earth Netherlands' lawsuit against Shell, and said the international legal context has evolved following recent opinions from the International Court of Justice.
TotalEnergies rejects the claims, saying the case "is not legitimate" and has "no legal basis." The company argues it represents less than 2 per cent of the global oil and gas sector and that holding one producer responsible for global emissions "makes no sense." It also stated that its activities comply with national and European regulations and that it is reducing emissions and investing in renewable energy. The company said targeted, sector-specific regulation would be more appropriate than litigation.
TotalEnergies' legal team will present its arguments on 26 November in Tournai. The court is expected to issue a ruling in the first half of next year.
Source: Politico
