Peruvian farmer Saul Luciano Lliuya has taken German energy giant RWE to court, claiming its emissions have contributed to the melting of Andean glaciers, increasing flood risks to his home. The case, heard in Hamm, Germany, could set a precedent for climate litigation by holding corporations accountable for past emissions and requiring them to fund climate adaptation measures.
Supported by activist group Germanwatch, Lliuya seeks €17,000 ($18,520) from RWE to help fund a $3.5 million flood defense project. He argues that glacier meltwater from Lake Palcacocha threatens Huaraz, a town of over 65,000 people.
Lliuya, a 44-year-old farmer, chose to sue RWE due to its status as one of Europe’s biggest polluters. Using data from the Carbon Majors database, he claims RWE has contributed nearly 0.5% of global manmade emissions since the industrial revolution and should pay a proportional share of the climate costs.
RWE, currently phasing out coal-fired plants, rejects the claim, arguing that no single emitter can be held responsible for global warming. “If such a claim were to exist under German law, it would also be possible to hold every motorist liable,” the company said.
The case, initially dismissed in 2015, was allowed to proceed by the Higher Regional Court of Hamm in 2017. The court is first assessing whether glacier melt is raising Lake Palcacocha’s water levels and posing a direct threat to Lliuya’s home within the next 30 years. Experts presented a report estimating a 3% flood risk, sparking debate over the credibility of the court-appointed expert.
Lliuya’s lawyer, Roda Verheyen, challenged the report’s findings, questioning the expert’s qualifications in high-altitude mountain regions. If the court confirms the flood risk, it will then determine the impact of climate change and emissions on the melting glaciers.
The case has faced delays, including a 2022 expert visit to the glacier, which required donkeys to navigate the difficult terrain. A 200-page expert opinion was completed in 2023 and reviewed by both parties before trial.
Climate justice advocates, including Harjeet Singh of the Satat Sampada Climate Foundation, argue that cases like Lliuya’s could create new funding mechanisms for climate change impacts. The broader debate over financial responsibility for climate mitigation has been a contentious issue at U.N. climate summits, with industrialized nations facing criticism for diverting aid to domestic concerns.
Source: Swifteradio.com
