A Peruvian farmer sues RWE for ‘climate justice,’ seeking financial aid for flooding risks in his hometown, Huaraz. He attributes the threat to RWE’s carbon emissions. Although his lawsuit has faced challenges, current hearings may pave the way for a significant legal precedent regarding corporate responsibility for climate change impacts.
Saul Luciano Lliuya, a Peruvian farmer, is pursuing legal action against German energy company RWE in a case advocating for “climate justice”. He argues that RWE, as a significant carbon emitter, should contribute financially to flood defenses in his hometown, Huaraz, where risks from a glacier lake rise due to climate change. Lliuya seeks 17,000 euros ($18,400) from RWE, claiming the company’s fossil fuel usage has exacerbated this danger.
Lliuya initiated his lawsuit in 2015, but it was dismissed by a court in Essen. However, the Hamm court allowed an appeal in 2017. Following delays caused by the Covid pandemic, hearings will occur from Monday to Wednesday, focusing on the flood risk assessment of Lliuya’s property in Ancash, Peru. Expert evidence gathered from 2022 will be evaluated to determine the flood risk.
His claim references a 2014 study attributing 0.47 percent of global carbon emissions to RWE since the industrial era began. Lliuya argues RWE should cover that portion of the estimated 3.5 million euros needed for mitigating the overflow risk from Lake Palcacocha. RWE, established in 1898 and operating various energy sources, denies any operational ties to Peru.
Germanwatch, an environmental organization supporting Lliuya, highlights farmers’ grievances about being affected by climate change despite contributing minimally to its causes. RWE emphasizes that a ruling favoring Lliuya could set dangerous legal precedents by equating environmental responsibility under German law for actions abroad.
The Essen court previously stated that linking specific emissions to particular damages was not feasible, and the Hamm hearings may challenge this stance amid a growing number of climate-related litigation cases worldwide. RWE’s lawyers contend that although the financial stakes appear minor, the potential for setting precedents regarding environmental accountability is significant.
The legal case against RWE illustrates the intersection of climate change accountability and international law. Lliuya’s pursuit for compensation highlights the disproportionate impacts of climate change on vulnerable communities, emphasizing the need for corporate responsibility. The Hamm court’s decision could influence future climate litigation and the treatment of environmental damages on a global scale.
Original Source: www.france24.com
