A landmark climate case brought by a Peruvian farmer against energy giant RWE resumes today (17 March) at the Higher Regional Court in Hamm, Germany.
Saul Luciano Lliuya is a Quechua-speaking farmer and mountain guide from Peru’s Ancash region. The 44-year-old believes that RWE, as one of the world’s top historic greenhouse gas emitters, should share in the cost of protecting his hometown, Huaraz, from a swollen glacial lake at risk of overflowing due to melting snow and ice.
The mountains, glaciers and lakes “give us water, give us life,” Lliuya said outside the courthouse on Monday, standing in front of photos of glaciers in the shape of mountains. But “the glaciers are melting, are disappearing bit by bit. Some lakes, lakes like Palcacocha - it's a risk to me, to more than 50,000 people who live in the zone at risk.”
“We have waited 10 years for this day, this decisive day,” he said to cheers from supporters. “I'm very excited; I hope that everything goes well.”
The hearings will determine what evidence will be permissible in the final trial, which will rule on whether RWE – which has never operated in Peru – can be held liable for damages.
RWE denies legal responsibility, arguing that climate change is a global issue caused by many contributors.
What is the case about?
Lliuya first challenged RWE after a 2013 Carbon Majors Study found the company responsible for 0.5 per cent of climate change since industrialisation began in the 1850s.
He is asking for the company to pay for about 0.5 per cent of the cost of protecting Huaraz from the imminent risk of flooding and overflow from Lake Palcacocha. That amount has been tallied at around €17,000.
“What I am asking is for the company to take responsibility for part of the construction costs, such as a dike in this case,” he told reporters in Lima in early March before departing for Germany.
In 2015, Lliuya filed a suit against the company that was later dismissed by a court in Essen. In 2017, a higher court in Hamm admitted an appeal.
Following pandemic-induced delays, the initial hearings are now taking place.
What does it mean for global corporations?
The case is ground-breaking in every way.
RWE insists it has always complied with government guidelines on greenhouse gas emissions and aims to be carbon-neutral by 2040. Yet its historical contribution to a warming planet has put it in the crosshairs, raising questions about corporate accountability for climate change and cross-border legal responsibilities.
“Never before has a case of climate justice reached an evidentiary stage,” Andrea Tang, a lawyer for Germanwatch, the environmental NGO supporting Lliuya, said in Lima.
She added that the case “would set a huge precedent for the future of climate justice.”
With more than 40 climate damages cases ongoing worldwide, according to not-for-profit research group Zero Carbon Analytics, Lliuya's case has major precedent-setting potential.
Lead lawyer in the complaint, Roda Verheyen, said she was “calm but hopeful.” She said that “there is no time to be lost because the glaciers are melting every day.”
RWE “is still one of the biggest emitters of CO2 in all of Europe,” Verheyen said. “This is only a very first step - a trampoline for further cases of this kind” that could target other emitters.
How a Peruvian farmer captured global headlines
Before the case even reached this stage, it had already commanded global attention.
For one, Lliuya had never left Peru before he decided to take RWE to court. His efforts also brought European experts to Peru.
Following diplomatic talks, judges from Germany visited Huaraz and Lake Palcacocha – about 4,500 metres above sea level in the Andes - in 2022. Surrounded by dozens of journalists and documentary film teams, they assessed the potential risk to the village.
While Lliuya has won the legal battle to have his case tried, it is yet to be seen if that visit also won the judges over to his side of the scientific argument.
