Peruvian Farmer Challenges German Energy Company in Landmark Climate Litigation

A Peruvian farmer, Saul Luciano Lliuya, has filed a landmark lawsuit against German energy company RWE in Germany, claiming that the overflowing Palcacocha lake poses a threat to his home and thousands of others in Huaraz due to climate change. With the support of Germanwatch, Lliuya seeks financial assistance for a dyke to protect the area, highlighting the impacts of climate change on local communities. RWE denies responsibility, pointing to the collective nature of climate change causes.

In Lima, Peru, a significant climate lawsuit commenced in a German court, where a Peruvian farmer, Saul Luciano Lliuya, is taking legal action against the German energy company RWE. He claims that a high-altitude lake, Palcacocha, is overflowing due to glacier meltwater, posing a disaster risk not only to his home but also to thousands of others in Huaraz, Peru.

Lliuya resides in Huaraz, located below Palcacocha, which currently holds 35 times more water than usual. Should the lake overflow, the consequences could be catastrophic, with predictions that it could potentially devastate the homes of approximately 50,000 residents. In an innovative approach, Lliuya applies German property law to seek accountability from RWE, a significant emitter of greenhouse gases through its coal-powered plants.

With the assistance of Germanwatch, a local nonprofit, Lliuya claims RWE has contributed 0.47% of all human-generated carbon emissions since its establishment in 1898. Consequently, he is seeking $18,000 to help fund a dyke designed to safeguard Huaraz and its residents against potential flooding from Palcacocha.

This lawsuit represents the first of nearly 50 similar climate-related civil claims globally, setting a precedent for cases in various nations, including the United States. Despite RWE’s denial of legal responsibility, arguing that climate change is a collective issue involving numerous contributors, the case holds potential ramifications for future climate litigation.

Residents in Huaraz are particularly aware of the risks posed by climate change, recalling the tragic events of 1970 when an earthquake triggered a landslide, resulting in 25,000 fatalities. Current climatic changes are threatening local water sources, affecting agriculture, and altering seasonal patterns.

Lliuya expressed his concerns, stating, “It is scary, the risk from climate change. For example, it has been raining. Even the rivers that pass through the city have risen. There is a lot of fear and the lake’s levels have risen. People are very worried.”

Francesca Mascha Klein, a lawyer from Germanwatch, emphasized the importance of safety for Lliuya and his community, asserting that polluters must bear the consequences of their actions. The case is ongoing in Hamm, Germany, anticipated to last several weeks.

The climate lawsuit initiated by Saul Luciano Lliuya against RWE marks a significant milestone in climate litigation, addressing the hazards posed by climate change in Peru. By leveraging property law, Lliuya aims to hold the energy company accountable for its emissions and secure funding for preventative measures against potential flooding. This case could pave the way for similar claims while bringing broader awareness to the urgent realities of climate crisis impacts on vulnerable communities.

Original Source: www.gpb.org