The Hamm Higher Regional Court in Germany has recently dismissed a climate change lawsuit brought by a Peruvian farmer against a German energy giant but established a key principle that civil law can potentially hold corporations accountable for their global greenhouse gas emissions. This ruling is viewed as a significant step for future climate litigation.
The plaintiff, Saúl Luciano Lliuya, has made claims that his city, Huaraz, situated in the Andes, is under threat from flooding stemming from the melting glaciers in the region. He argues that RWE, Germany's largest energy provider, bears a share of responsibility for these dangers thanks to its contributions to global emissions, even without operations in Peru. Lliuya requested financial compensation proportional to RWE’s emissions impact.
Lawyers are interpreting this ruling as a first in European higher court history, affirming that major greenhouse gas emitters could be made liable for the ramifications of their emissions. Roda Verheyen, Lliuya's attorney, believes the decision could inspire future legal actions against fossil fuel companies, facilitating a collective shift from fossil fuels on a global scale.
The legal process included a court visit to Lake Palcacocha last year and extensive hearings with experts; however, the appointed specialists estimated that the potential flood risk to Lliuya's property is only 1 percent over the next three decades. Despite the case's dismissal, the court's ruling remains a pivotal moment for climate accountability, providing a pathway for more climate-related lawsuits worldwide.
The plaintiff, Saúl Luciano Lliuya, has made claims that his city, Huaraz, situated in the Andes, is under threat from flooding stemming from the melting glaciers in the region. He argues that RWE, Germany's largest energy provider, bears a share of responsibility for these dangers thanks to its contributions to global emissions, even without operations in Peru. Lliuya requested financial compensation proportional to RWE’s emissions impact.
Lawyers are interpreting this ruling as a first in European higher court history, affirming that major greenhouse gas emitters could be made liable for the ramifications of their emissions. Roda Verheyen, Lliuya's attorney, believes the decision could inspire future legal actions against fossil fuel companies, facilitating a collective shift from fossil fuels on a global scale.
The legal process included a court visit to Lake Palcacocha last year and extensive hearings with experts; however, the appointed specialists estimated that the potential flood risk to Lliuya's property is only 1 percent over the next three decades. Despite the case's dismissal, the court's ruling remains a pivotal moment for climate accountability, providing a pathway for more climate-related lawsuits worldwide.
