A German court has dismissed a landmark climate lawsuit filed by Peruvian farmer and mountain guide Saúl Luciano Lliuya against German energy giant RWE. The case, which has been ongoing for nearly a decade, sought to hold RWE partially responsible for the melting of glaciers in the Andes, which Lliuya argued posed a significant flood risk to his hometown of Huaraz, Peru.
Lliuya contended that RWE's historical greenhouse gas emissions contributed to the melting of glaciers feeding Lake Palcacocha, situated above Huaraz. He claimed that the increased water volume in the lake heightened the risk of catastrophic flooding, endangering his property and community. Seeking approximately €17,000 ($18,500), Lliuya aimed to have RWE contribute to local flood defense measures proportionally to its estimated 0.47% share of global industrial greenhouse gas emissions.
The Higher Regional Court in Hamm, Germany, ruled that the potential risk to Lliuya's property was insufficient to warrant legal action. Experts estimated a 1% chance of flooding over the next 30 years, which the court deemed too low to establish a direct and imminent threat. Consequently, the court concluded that Lliuya could not hold RWE liable for the alleged damages.
Despite the dismissal, the court acknowledged the theoretical possibility of holding major greenhouse gas emitters accountable for climate-related damages under German civil law. This aspect of the ruling is seen by legal experts and environmental advocates as a significant development in climate litigation, potentially paving the way for future cases with more substantial evidence of harm and causality.
RWE welcomed the court's decision, emphasizing that attributing specific climate impacts to individual companies is legally complex and should be addressed through comprehensive policy measures rather than litigation.
Lliuya expressed disappointment with the outcome but remained resolute in his commitment to climate justice. "This is not the end," he stated. "Our fight continues, and I hope this case inspires others to hold polluters accountable."
The case has garnered international attention, highlighting the challenges and possibilities of using legal systems to address the global impacts of climate change.
Source: Vísir.is, The Guardian, Deutsche Welle, Reuters, Washington Post, BBC News, NPR, Al Jazeera, RWE Press Release, Germanwatch