Ruling Issued: Lawsuit Between Anden-Bauer and RWE Determined - Ruling made by the Primary Court in the given case
RWE Faces Court Decision Over Climate Change Liability
The Higher Regional Court of Hamm will announce its long-awaited decision on May 28 regarding a landmark climate lawsuit filed by a Peruvian farmer, Saúl Luciano Lliuya, against energy company RWE. Lliuya, a farmer and mountain guide, is seeking financial compensation for protective measures against potential flood risks caused by the melting Palcacocha glacial lake in the Andes mountains. If successful, this would mark a significant precedent in attributing liability to major emitters for climate-related hazards.
In this civil case, which began in 2015, Lliuya alleges that RWE bears some responsibility for the impending danger due to its significant greenhouse gas emissions from power plants. Environmental organizations Germanwatch and the Future Sustainability Foundation support Lliuya in his lawsuit, while RWE maintains that the case is legally inadmissible.
Expert witnesses recently presented their findings to the court, stating that the plaintiff's property is unlikely to face serious flooding or mudslides within the next 30 years. They assessed the probability of such scenarios at just one percent, a claim disputed by lawyers and experts advocating for Lliuya. A bias complaint against one of the expert witnesses was later dismissed.
This lawsuit represents a "strategic climate lawsuit" for Germanwatch, which works to pursue public interest goals through such litigation, thereby aiming to enhance climate protection, safeguard fundamental rights, establish legal precedents, trigger overdue political decisions, and promote public awareness.
Despite dismissing Lliuya's claim due to the absence of immediate risk to his property, the court's ruling stands as a potential milestone for future climate lawsuits in Germany, potentially paving the way for more legal actions against companies for their role in global climate change. The decision signals that significant emitters can be held accountable for their contribution to climate change, although the immediate risk to Lliuya's property was not deemed high enough in this instance.
- RWE
- Climate Change
- Hamm
- Climate Lawsuit
- Higher Regional Court of Hamm
- Peru
- Palcacocha
- Huaraz
- Germanwatch
- Flood Wave
- Saúl Luciano Lliuya
- The Higher Regional Court of Hamm, in Germany, is set to announce a decision on May 28 about a climate lawsuit filed against RWE, a major energy company, by a Peruvian farmer, Saúl Luciano Lliuya, who resides near the Palcacocha glacial lake in Huaraz, Peru.
- The lawsuit, supported by environmental organizations like Germanwatch, argues that RWE's significant greenhouse gas emissions from power plants contribute to climate change and thereby pose a threat to Lliuya's property, which is at risk of flooding due to the melting Palcacocha glacier.
- If successful, this legal action could set a precedent in attributing liability to major emitters for climate-related hazards, paving the way for more climate lawsuits in Europe.
