BOGOTA, Colombia — Next week, a pivotal climate lawsuit will commence in Germany, potentially setting a landmark precedent in the ongoing effort to hold significant greenhouse gas emitters responsible for climate change. Peruvian farmer Saul Luciano Lliuya has filed the lawsuit against RWE, a major German energy company, claiming that its extensive history of greenhouse gas emissions has contributed notably to global warming, escalating glacial melting above Huaraz, his hometown in Peru. Consequently, Lake Palcacocha has expanded to hazardous levels, posing a looming threat of devastating floods to the local community.
According to Noah Walker-Crawford, a research fellow at the London School of Economics and an adviser with Germanwatch, this lawsuit is a trailblazer. “It’s rare for a case filed by someone directly impacted by climate change against a substantial polluter to progress to trial,” noted Walker-Crawford. Despite never having operations in Peru, RWE rebuffs any legal responsibility, asserting that climate change is a worldwide problem, influenced by numerous contributors.
Expressing his concern from Germany, 45-year-old Lliuya remarked, “Witnessing the glaciers melt is both heartbreaking and alarming. My community is deeply worried about our future, particularly regarding water, as all our rivers flow down from the mountains and are essential for agriculture.” Walker-Crawford pointed out that this lawsuit has advanced further than similar cases globally. “In 2017, the courts deemed it partially admissible, recognizing the case’s legal credibility. Now, with evidence being evaluated, we’re on the cusp of discerning whether RWE’s responsibility can be validated in this instance.”
Sebastien Duyck, a senior attorney at the Center for International Environmental Law, highlighted the importance of the case. It’s not just about the outcome or damages sought, but the broader precedent it may establish. “If tort law could be leveraged to hold corporations accountable for their significant contributions to climate change, based on their emissions, it could pave the way for numerous similar global lawsuits,” he explained.
Murray Worthy from Zero Carbon Analytics regards the lawsuit as potentially transformative. “This individual case, though centered on a single area in Peru, has massive implications,” Worthy asserted. “If fossil fuel companies are held liable for the immense costs and damages arising from climate change, estimated in the tens of trillions annually, it could drastically reshape the industry’s financial landscape.”
RWE, known as one of Germany’s substantial fossil fuel energy producers, argues against the lawsuit’s admissibility, warning that it sets a perilous precedent for holding individual contributors accountable for global climate consequences. In a statement, RWE emphasized the absence of a “legal basis” for such liability, pointing to the multitude of global emissions and the intricate nature of climate phenomena. They maintain that addressing climate issues should be managed through governmental and international frameworks, rather than litigation.
Walker-Crawford mentioned that the court is in the evidence-gathering stage to assess whether Lliuya’s village faces a genuine flood threat. “The court’s duty now is to determine the risk’s magnitude and if RWE’s emissions can be scientifically linked to it,” he said. Irrespective of the final verdict, Walker-Crawford believes the case will solidify the legal grounds for future lawsuits. “Even if deemed insufficient in this case, the precedent for holding corporations accountable for their climate impact remains.”
The financial sector could also experience ripple effects from climate litigation. “The presence of such lawsuits is already stirring financial markets,” observed Walker-Crawford. “Studies indicate that the advancement of climate-related lawsuits tends to adversely affect the stock value of involved companies. Investors are becoming increasingly aware of the financial risks these litigations pose.” Ten years after initiating the lawsuit, Lliuya, who also guides tourists in the mountains, spoke of increasing optimism, especially following the visit of German judges to his village and Lake in 2022. “Their visit ignited hope that our concerns are being recognized, enhancing the potential for justice. Regardless of the outcome, the journey thus far is worthwhile,” he said.
The trial is scheduled to commence on Monday.