In Hamm, Germany, a significant legal case has begun where a Peruvian farmer is challenging the energy giant RWE over its historical contributions to climate change. The lawsuit argues that RWE’s past greenhouse gas emissions have accelerated global warming, posing a threat to the farmer’s community in Huaraz, Peru.
The case, being heard by a state court in western Germany, is seen by experts as potentially precedent-setting in efforts to hold large corporations accountable for their role in climate change. The plaintiff, Saúl Luciano Lliuya, contends that the warming effects of RWE’s emissions are causing glaciers above his hometown to melt at an accelerated pace. This, in turn, has led to an increased water level in Lake Palcacocha, posing a catastrophic flood risk to his community.
Despite RWE having no direct operations in Peru, the company rebuffs any legal responsibility. It argues that climate change results from a collective global contribution and should not be pinned on a single emitter. RWE maintains that the solution to climate change lies in policy frameworks at national and international levels rather than through judicial means.
Standing outside the courthouse, Lliuya, surrounded by supporters, underscored the vital role of the natural environment to his community, saying, “The mountains, glaciers, and lakes give us water, give us life.” He emphasized the growing risk posed by the melting glaciers and expanding lakes, highlighting that “it’s a risk to me, to more than 50,000 people who live in the zone at risk.”
Having awaited this court date for a decade, Lliuya expressed anticipation and hope. Supporters and his lead counsel, Roda Verheyen, also displayed optimism. Verheyen pointed out the urgency due to the ongoing glacial melt and noted RWE’s status as a major CO2 emitter in Europe. She views this legal action as a possible springboard for similar future cases against other significant polluters.
RWE counters that this lawsuit is not only legally unfounded but also sets a dangerous benchmark for holding single emitters responsible for a multifaceted global issue like climate change. The company insists that solutions should be policy-driven rather than court-mandated.
In 2022, German judges and experts conducted a site visit to Peru, and the court is now assessing expert reports detailing potential risks to Lliuya’s home. While further hearings are scheduled, it remains unclear if the court will reach a verdict this week.
