Peruvian Farmer Pursues Climate Justice in Legal Battle Against RWE

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Saul Luciano Lliuya from Peru is suing RWE for its role in glacier melting impacting his hometown, Huaraz. He demands RWE contribute €17,000 for protective measures against potential flooding from Lake Palcacocha. The case, which has had a lengthy legal process since 2015, is seen as pivotal for establishing corporate responsibility in environmental damage claims. The hearings involve assessing risks and the company’s liability in climate-related issues.

On March 18, 2025, the Higher Regional Court of Hamm in Germany commenced hearings related to a lawsuit by Peruvian farmer Saul Luciano Lliuya against the German energy company RWE. Lliuya accuses RWE, a significant emitter of carbon dioxide, of exacerbating glacier melt in the Peruvian Andes, which poses a flood risk to his hometown, Huaraz.

Lliuya claims that RWE must bear part of the financial responsibility for protective measures against the potential overflow of Lake Palcacocha, which is affected by melting glaciers. He seeks approximately €17,000 (US$18,400) to help mitigate the risks associated with glacial melt in this precarious region, situated at an altitude of 4,500 meters.

A 2014 study indicated that RWE was accountable for 0.47% of global carbon emissions since the industrial era, underpinning Lliuya’s assertion of liability. Despite RWE’s lack of operations in Peru, the case aims to hold the firm responsible for its environmental impact, with the total costs for water level regulations estimated at €3.5 million.

Lliuya’s legal struggle began in 2015 but faced obstacles, including a dismissal in 2016 by a lower court. The higher court accepted his appeal in 2017 and, following delays due to the pandemic, allowed experts to evaluate the site in 2022, leading to the current hearings.

The court’s first session concentrated on assessing the risks in the Huaraz region, particularly the possibility of Lake Palcacocha overflowing. If the court affirms the risk, subsequent hearings will address RWE’s liability. Lliuya expressed disbelief at the prolonged legal process but remains hopeful about the proceedings’ outcome.

Responses from RWE indicate significant concerns, stating that a favorable ruling for Lliuya could establish a troubling precedent regarding environmental accountability under German law. They argue that linking specific emissions to direct damage remains indefinable and question the appropriateness of such legal actions beyond domestic contexts. The hearing’s outcome could have profound implications for environmental litigation internationally, particularly regarding corporate responsibility in climate change mitigation efforts.

The ongoing lawsuit by Saul Luciano Lliuya against RWE represents a critical intersection of climate justice and corporate accountability. By seeking financial assistance for protective measures against glacial melting, Lliuya highlights the global consequences of carbon emissions. The hearings will determine whether German law can hold companies accountable for their environmental impacts abroad, potentially setting a significant precedent for future cases.

Original Source: andina.pe

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