Conflict in Hamm: Can a commoner secure victory over the mighty RWE? - Farmer Triumphs Over Energy Giant RWE in Hamm - Questionable Victory?
Farmers' Clash with Energy Giant over Climate Change Liability
By Daniel Huefner
For Saul Luciano Lliuya, the grim reality of climate change hits close to home - a melting glacier threatening his Peruvian village, Huaraz. Lliuya, a small farmer and mountain guide, has taken RWE, a German energy giant, to court, seeking compensation to fortify his home against potential floods. His lawsuit is a landmark test case, questioning the accountability of major emitters for specific climate damages.
On May 28, the Higher Regional Court in Hamm will deliver a verdict that could reverberate far beyond Germany, potentially revolutionizing the legal landscape of climate change liability.
Background
For over a decade, Lliuya's lawsuit against RWE has been a closely watched trial. Initiated in 2015, it challenges the energy company for its share in global greenhouse gas emissions. A group of experts from the University of Oxford claims that RWE is responsible for at least 0.47% of all CO2 emissions worldwide, making it historically one of the hundred largest climate offenders.
Who is Saul Luciano Lliuya?
For years, Lliuya, a 44-year-old farmer from the Andean town of Huaraz, has been familiar with the surrounding glaciers of the Cordillera Blanca. Witnessing the rapid melt due to climate change, he began to worry about the Palcacocha glacial lake above Huaraz, as its water volume significantly increased due to melting glaciers, posing a threat of floods and landslides.
With the potential devastation that a catastrophic flood could bring, not only his home but also the 55,000 inhabitants of Huaraz could be in grave danger.
What Does Lliuya Want from RWE?
In this civil lawsuit, Lliuya aims to compel RWE to contribute to the costs of protective measures against a possible floodwave from the Palcacocha glacial lake. He argues that RWE bears co-responsibility for the emissions of greenhouse gases through its power plants, making it liable for the damages caused.
RWE's Stance
The Essen-based energy company maintains that the lawsuit islegally inadmissible due to the globally dispersed cause and effect of climate change. A spokesperson for RWE stated, "If such a claim were to exist under German law, then every car driver could also be held liable." The company advocates for state and interstate instruments to tackle the climate crisis rather than retroactive legal action.
The Ongoing Legal Battle
Initially, the District Court of Essen dismissed the civil lawsuit, but in 2017, the Higher Regional Court in Hamm allowed the proceedings, signaling a shift in the approach of German courts towards global climate damages. In March 2023, German judges and court-appointed experts travelled to Huaraz for an evidence-gathering mission.
In an oral hearing in mid-March, two experts presented their findings, suggesting that the probability of a glacier flood affecting Lliuya's home within the next 30 years is around 1%, while another commissioned by the plaintiff estimated a probability of up to 30%.
With the verdict finally set for May 28, 2025 (postponed from mid-April due to a motion for recusal), the trial remains in the balance, despite legal experts considering Lliuya's chances as poor.
International implications and potential consequences of the verdict are great, as a guilty verdict against RWE could pave the way for thousands of similar lawsuits against major energy companies.
Regardless of the outcome, Lliuya remains hopeful, stating, "A German court visited my city and looked at what's happening. For me, that's already a success."
Sources
[1] https://capital.de/redaktion/umwelt/saul-luciano-lliuya-rechtsvorfall-grosskohlebahnhof-hamm-klimakatastrophe.html
[2] https://www.reuters.com/article/us-climate-change-liability-idUSKBN25N35R
[3] https://www.eco-business.com/news/peruvian-farmer-takes-rwe-to-court-over-climate-damages/
[4] https://www.dw.com/en/peruvian-farmer-sues-rwe-over-climate-change/a-54143696
[5] https://www.dw.com/en/court-battle-over-climate-liability-between-german-farmer-and-energy-giant/a-60883117
- The European Union, considering the ongoing legal battle between Saul Luciano Lliuya and RWE, could potentially revise its climate change policies to include liability for major emitters, particularly in the energy industry, as a means to fund environmental sciences aiming to combat climate-change and promote sustainable energy.
- In the wake of the historic lawsuit against RWE, scientists and policymakers in the European Union are expressing interest in studying the science of climate-change, its effects on local environments, and the financial implications of specific climate damages, with the aim of developing more effective mitigation strategies and prevention measures.
- As the climate-change debate continues, with landmark cases like Saul Luciano Lliuya's lawsuit against RWE raising questions regarding the accountability of major emitters for specific climate damages, the finance industry might be prompted to reassess the financial risks associated with investments in fossil fuel-intensive industries, potentially shifting investment towards sustainable and low-carbon projects that support the environment.
