Saul Luciano Lliuya, a Peruvian farmer, is suing German energy giant RWE, claiming the company’s emissions threaten his home from an overflowing glacier lake. The lawsuit utilizes German property law to seek a share in the costs of protective measures. RWE denies responsibility, claiming climate change is a global issue. This case could set a legal precedent for similar claims worldwide.
In a landmark climate lawsuit, Peruvian farmer Saul Luciano Lliuya is suing the German energy company RWE, seeking accountability for greenhouse gas emissions that threaten his home due to the overflow of a high-altitude glacier lake. The lake, Palcacocha, is filled with significantly more water than usual, posing a risk not only to Lliuya’s home but also to about 50,000 other residents in Huaraz, Peru.
Lliuya’s legal approach employs a German property law typically used for neighborhood disputes, aiming to hold RWE responsible for its contribution to climate change. The farmer is demanding 0.47% of the costs associated with building a dyke for protection against potential flooding, a sum amounting to approximately $18,000. This lawsuit represents the culmination of nearly a decade of legal efforts and is the first of nearly 50 similar claims filed worldwide, including one against major oil companies in the U.S.
While RWE denies legal responsibility, claiming climate change is a broader issue, Lliuya and supporters highlight the imminent threat of flooding. Huaraz faces the chilling memory of a 1970 earthquake that led to a catastrophic landslide, underscoring the urgency of addressing climate-induced risks. The region also experiences other impacts of climate change, including changes in water quality and agricultural challenges due to seasonal shifts.
“It is scary, the risk from climate change. For example, it has been raining. Even the rivers that pass through the city have risen,” stated Lliuya. Supporting him, Francesca Mascha Klein from Germanwatch emphasized the need for polluters to acknowledge their impacts, asserting, “No one should live in fear of losing their home due to the climate crisis.”
The court proceedings are being held in Hamm, Germany, located near RWE’s headquarters. The trial is anticipated to last several weeks, and its outcome may influence future climate litigation under similar legal frameworks.
The case of Saul Luciano Lliuya against RWE underscores the pressing legal and moral accountability that major polluters may face in climate change litigation. Highlighting immediate threats to communities from climate change, it opens the door for future lawsuits that seek justice and safety for vulnerable populations. As nations grapple with environmental crises, such cases illuminate the intersection of law and the urgent need for corporate responsibility in mitigating climate impacts.
Original Source: www.gpb.org
