Peruvian Farmer Demands Climate Justice in Landmark Case Against RWE

Peruvian farmer Saul Luciano Lliuya is suing RWE, alleging that the energy firm’s carbon emissions contribute to glacier melting in his hometown of Huaraz, creating a flood risk. The lawsuit seeks RWE’s financial contribution to prevent flooding from Lake Palcacocha. Initial legal challenges have led to a new hearing in Hamm, Germany, assessing the risks and potential corporate responsibility.

On March 18, a significant hearing commenced at the Higher Regional Court in Hamm, Germany, regarding a compensation lawsuit filed by Peruvian farmer Saul Luciano Lliuya against the German energy firm RWE. Lliuya accuses RWE of contributing to the melting of glaciers in the Peruvian Andes through its carbon emissions, which have escalated the risk of flooding in his hometown of Huaraz due to a swollen glacial lake.

Lliuya asserts that RWE, recognized as one of the top global emitters of carbon dioxide, should financially participate in protective measures aimed at mitigating the flooding risk from Lake Palcacocha, which sits at an elevation of 4,500 meters. Meanwhile, Germanwatch, the NGO supporting his case, indicates that the melting glaciers have previously caused perilous increases in the lake’s water levels, endangering over 50,000 residents in the vicinity.

The lawsuit seeks approximately €17,000 (US$18,400) from RWE to contribute to a larger €3.5 million effort required to stabilize Lake Palcacocha’s water levels. Lliuya bases his claim on a 2014 study attributing 0.47% of global carbon emissions since the industrial era to RWE’s activities. Despite RWE’s lack of operations in Peru, Lliuya contends that it should bear financial responsibility for the flooding risks posed by its fossil fuel use.

Initially filed in 2015, Lliuya’s case faced challenges, including a dismissal by an Essen court in 2016. However, a subsequent appeal in 2017 led to evidence gathering and expert assessments in 2022, following pandemic-related delays. The current hearings in Hamm examine the risk of flooding in Huaraz’s region and the potential accountability of RWE, with a subsequent session planned for Wednesday.

The court must evaluate the potential flooding threat to Lliuya’s property, relying on findings from experts who visited the site. If the court acknowledges significant risks, further hearings will address RWE’s liability. Francesca Mascha Klein, a legal officer at Germanwatch, emphasized the necessity for firms like RWE to contribute responsibly to the repercussions of their actions, while RWE’s spokesperson warned against setting a precedent for environmental accountability for overseas operations.

The case presents potential ramifications, as a verdict favoring Lliuya may redefine the parameters of corporate responsibility under German law, despite RWE’s insistence on the complexities of linking specific emissions to direct damages. Legal representatives have acknowledged that while the financial sum in dispute appears minor, the implications of the case extend far beyond the immediate financial aspect, signaling a pivotal moment in corporate environmental accountability.

In conclusion, Saul Luciano Lliuya’s legal challenge against RWE highlights the growing demand for corporate accountability in the face of climate change. As the case progresses, it seeks to establish responsibility for environmental damages tied to corporate actions worldwide. The outcome could set an important precedent for similar cases, reinforcing the necessity for companies to contribute fairly to the repercussions of their environmental impact.

Original Source: andina.pe