Farming entrepreneur in Peru unsuccessful in lawsuiting energy corporation RWE over climate change impacts
Hamm Court Rejects Peruvian Farmer's Climate Lawsuit against RWE
A high-profile climate lawsuit instituted by a Peruvian farmer against the German energy company RWE has been dismissed by the Higher Regional Court (OLG) in Hamm. Saúl Luciano Lliuya's appeal against the District Court in Essen's 2016 ruling was rejected, with no further appeals possible.
Lliuya had sought financial contributions from RWE toward protective measures for his home against glacier melt in the Andes due to the company's CO2 emissions. The environmental protection organization Germanwatch, which supported Lliuya during the appeal process, praised the OLG's admission of evidence as a success despite the unfavorable verdict.
In March, Lliuya and renowned environmental lawyer Roda Verheyen traveled to Hamm for hearings, arguing that RWE's CO2 emissions from its power plants contributed to the glacier melt, increasing the flood risk for Lliuya's house located near a glacial lake in Huaraz at the foot of the Andes. Experts conducted an on-site inspection with two OLG judges in 2022 and collected soil samples and drone recordings.
Lliuya and his team estimated RWE's share in global greenhouse gas emissions, based on studies, at 0.38 percent, arguing that the company should contribute around 13,000 euros to protective measures for the house. The court, however, reduced the share to 0.38 percent and the amount to roughly the same figure.
RWE maintained throughout the proceedings that plaintiffs aimed to create a precedent making each individual emitter legally responsible for global climate change impacts, even if they complied with regulations. The energy giant stated that it would be unjust to hold every car driver liable for climate change effects, should such a claim hold true under German law.
This high-profile lawsuit has set a significant precedent in the fight for climate justice. Legal experts note that the OLG's decision signifies that they at least consider the lawsuit fundamentally sound, a welcome development for Lliuya's supporters. The case has had a groundbreaking impact on legal proceedings related to climate change, representing the only climate lawsuit worldwide to make it into the evidence phase and thereby already making legal history.
Upon the OLG's ruling to dismiss the lawsuit, RWE spokespeople reiterated that it was not permissible to "attribute specific impacts of climate change legally to a single emitter." The company claimed it had always complied with German law.
- Climate Change
- RWE
- Peru
- Justice
- CO2 Emissions
Sources: ntv.de, gho/rts
- The dismissed climate lawsuit by a Peruvian farmer, Saúl Luciano Lliuya, against RWE aimed to hold the German energy company responsible for global CO2 emissions and their impact on climate change in his home country, Peru.
- RWE faces criticism for not acknowledging its role in contributing to climate change, as indicated by Lliuya's lawsuit, which sought financial compensation for protective measures against glacier melt.
- The community policy and general-news outlets have reported extensively on Lliuya's lawsuit, shedding light on the ongoing debate around climate change, corporate responsibility, and climate justice.
- The environmental science and climate-change implications of glacier melt in Peru, caused by increased CO2 emissions from industries such as energy, are highlighted in Lliuya's lawsuit and its subsequent rejection by the Hamm Court.
- Financial institutions and the business sector are monitoring the RWE climate lawsuit closely, as its outcome could influence future corporate attitudes and policies towards climate change, environmental-science, and energy production.
