Lawsuit Filed by Peruvian Farmer Against RWE: Farmer Aims for Precedent-Setting Outcome - Farmer in Peru takes legal action against RWE: plaintiff seeks decisive message
Peruvian Farmer's Climate Lawsuit Against RWE: Court Dismisses Appeal
In a significant legal development, the Higher Regional Court of Hamm in Germany has dismissed the appeal of Peruvian farmer and mountain guide Saúl Luciano Lliuya in his decade-long lawsuit against Germany's RWE energy company. The court's decision, announced on May 28, 2025, concluded that Lliuya's claim for RWE to contribute to the costs of protective measures against potential flooding of his home in Huaraz, Peru, lacked sufficient evidence of an imminent threat.
Lliuya had argued that RWE, one of the largest emitters of greenhouse gases, is partly responsible for the potential flooding, caused by the melting of glaciers and the subsequent risk of overflow from the Palcacocha lake. He was supported by the environmental organization Germanwatch during the trial.
Initial court proceedings had focused on whether Lliuya's home faced a serious enough risk of flooding to warrant further consideration. A court-appointed expert, Rolf Katzenbach, estimated the risk of a flood wave in the next 30 years to be only about 1%. RWE charged that, if the court followed this opinion, the lawsuit would be deemed groundless and the appeal should be rejected. The company also argued against attributing specific effects of climate change to a single emitter.
Lliuya and Germanwatch had demanded that RWE proportionately contribute to the protective measures against potential flooding, based on the energy company's contribution to global greenhouse gas emissions since the beginning of the industrial age, cited at 0.38%. Similar climate lawsuits against major automakers in Germany, such as Volkswagen, Mercedes-Benz, and BMW, have also been dismissed due to the impossibility of granting injunctive relief against individual compliant polluters.
Although the Hamm court's ruling may seem a setback for efforts to hold major greenhouse gas emitters liable for climate change impacts under German civil law through individual lawsuits, the case maintains a groundbreaking status as an early test of corporate climate liability. The outcome underlines the current legal limitations for holding individual companies accountable for climate change impacts under German law but also charts the course for future climate litigation worldwide. While the case was dismissed on factual grounds, it presents a reference point for upcoming legal battles, demonstrating the challenges faced in establishing direct causal links and demonstrating imminent damage in court.
- Despite the dismissal of Saúl Luciano Lliuya's appeal, the case against RWE, a large greenhouse gas emitter, marks a pioneering test for corporate climate liability, setting a precedent for future legal battles worldwide.
- The ongoing discourse on environmental protection and climate change emphasizes the role of science in understanding the potential impacts of emissions on health and the environment, particularly in the workplace-wellness and health-and-wellness sectors.
- As supportive of Lliuya's case was the environmental organization Germanwatch, efforts toward environmental protection continue to gain traction in EC countries, as individuals, organizations, and businesses acknowledge the urgent need for action against climate change.
