Peruvian Farmer Takes RWE To Court Over Climate Damage

In a landmark climate lawsuit unfolding in Germany, Peruvian farmer and mountain guide Saúl Luciano Lliuya is challenging the German energy giant RWE over its alleged role in exacerbating the climate crisis. The case, which continued this week at the Higher Regional Court in Hamm, could set a significant precedent for holding large corporate polluters accountable for climate-related damages.

Lliuya is seeking financial compensation to help protect his home city of Huaraz in Peru from potential flooding linked to glacial melt. The Palcacocha glacier lake, situated at over 4,500 meters above sea level and only a few kilometers from Huaraz, poses a flooding threat due to climate change. Lliuya estimates that he needs between €17,000 and €20,000 to finance protective measures to mitigate this risk.

The crux of Lliuya's case lies in the claim that RWE is complicit in fueling the climate crisis through its emissions. The lawsuit contends that RWE is responsible for approximately 0.47% of global man-made greenhouse gas emissions, a figure derived from the Carbon Major Study. Given this substantial contribution, Lliuya argues that RWE must shoulder a portion of the burden concerning climate impacts on vulnerable communities like his own.

During the oral proceedings held on March 18 and 20, 2025, the court focused on the first of two major questions: Is there a legally relevant flood risk from the Palcacocha glacier lake? RWE representatives and experts testified regarding this issue, providing evidence about the potential dangers posed by climate change, including flooding and mudslides.

This lawsuit marks a historic moment as it represents the first time that someone directly affected by climate change has pursued legal remediation against one of Europe's largest greenhouse gas emitters. The implications could ripple across global climate litigation, providing a crucial pathway for similar claims. "The fact that such a discussion about climate adaptation science is taking place in a courtroom, with a fossil fuel giant on trial, is already a significant breakthrough," said Sébastien Duyck, Senior Attorney at the Centre for International Environmental Law.

Furthermore, the case gained substantial traction as Lliuya's earlier lawsuit, filed in 2015, initially faced dismissal. However, following a 2017 revision, the court recognized that companies like RWE have a fundamental obligation to support those affected by climate change damages in impoverished regions.

This ruling opened the door for civil litigation against major contributors to climate change, which has gained momentum with similar proceedings emerging in Belgium and Switzerland.

Support for Lliuya’s case has also come from notable organizations, including the environmental group Germanwatch and the Zukunftsfähigkeit Foundation, working alongside him. They argue that companies benefiting from fossil fuel emissions must play a role in protecting communities facing climate threats.

"For the largest emitters among corporations, the assessment of the court implies that their emissions will now carry a significant financial risk," said Christoph Bals, Political Director of Germanwatch. He further emphasizes that governments must ensure large emitters are held accountable for the damage done and the risks posed.

As the proceedings unfolded, the court's discussions revolved around geological assessments regarding flood risks. Expert witnesses presented differing opinions on the likelihood of floods occurring in Huaraz. While Rolf Katzenbach, the court-appointed expert, estimated a mere 1% chance of a flood in the next 30 years, Lukas Arenson, representing the plaintiffs, argued the risk could be as high as 30% due to potential landslides.

Despite the differing expert opinions, Lliuya is hopeful and remains determined. He reflected, "The climate crisis is our reality, faced daily. I worry for my family and the future of my city. I hope the court will set a precedent forcing major companies to take responsibility."

The final decision from the Higher Regional Court in Hamm is anticipated on April 14, 2025. A ruling in Lliuya’s favor could indeed pave the way for future lawsuits against corporations that disproportionately contribute to climate change.

This ongoing case encapsulates the struggles faced by individuals in developing regions who seek justice against large corporations, pointing to a growing trend where those affected by climate change seek to hold emitters accountable.

As Lliuya put it, "I think not only of myself but also of my family and the others who live in the city. I hope the court acknowledges the responsibility of companies like RWE." With all eyes on the Hamm court, the ramifications of this case could reshape how climate accountability is viewed legally and socially.