Peruvian Farmer Pursues Legal Action for Climate Justice Against RWE

Saul Luciano Lliuya is suing RWE, a German energy company, seeking 17,000 euros for flood defenses in his town of Huaraz due to climate change impacts. He asserts RWE’s responsibility for climate risks, referencing a study linking the company to global carbon emissions. The case raises critical questions about corporate liability for environmental damages caused abroad.

Saul Luciano Lliuya, a Peruvian farmer, is pursuing legal action against the German energy company RWE, seeking what he terms “climate justice.” Lliuya argues that RWE, a significant emitter of carbon dioxide, should contribute to the protection of his hometown, Huaraz, from the risks associated with an overflowing glacier lake resulting from climate change. He is requesting 17,000 euros (approximately $18,400) from RWE to support flood defense measures for his community.

The farmer asserts that the melting glaciers pose a danger not only to himself but also to over 50,000 residents who face the threat of flooding. Lliuya initially filed his lawsuit in 2015. Though it was initially dismissed the following year by a court in Essen, Germany, an appeal was permitted by the Hamm court in 2017 and the hearing is scheduled from Monday to Wednesday.

Monday’s proceedings aim to determine whether Lliuya’s property in Ancash, Peru, is significantly at risk of flooding. Evidence gathered in 2022 by court-appointed experts will be examined during these hearings. If findings confirm the flooding risk, subsequent hearings will assess RWE’s responsibility in this context.

Lliuya’s case is based on a 2014 study indicating that RWE has been responsible for 0.47 percent of global carbon emissions since the industrial era began. Citing this figure, he argues that RWE should cover its proportionate share of the estimated 3.5 million euros required to mitigate the threat posed by Lake Palcacocha.

Environmental organization Germanwatch is supporting Lliuya in his case, highlighting the injustices faced by Peruvian farmers who feel the impacts of climate change despite having contributed little to its causes. Christoph Bals of Germanwatch remarked on the stark injustice felt by the local community in Huaraz, emphasizing their innocence in contributing to climate change.

RWE, however, contends that a ruling against them may set an undesirable precedent, imposing liability under German law for international environmental damages. They emphasize that a ruling in Lliuya’s favor would mark a significant legal shift, challenging the established notion that specific emissions cannot be directly linked to specific damages.

Saul Luciano Lliuya’s legal battle against RWE underscores the complexities of assigning responsibility for climate change impacts. By seeking funds for flood defenses in Huaraz, Lliuya emphasizes the disproportionate effects of climate change on vulnerable communities. This case highlights the ongoing global discourse surrounding accountability and climate justice, particularly as more such legal actions emerge worldwide.

Original Source: www.france24.com