A German court has recently rejected a lawsuit filed by Saúl Luciano Lliuya, a farmer from Peru, against the German energy company RWE. Saúl had claimed that RWE’s greenhouse gas emissions contributed to the melting of glaciers near his hometown of Huaraz, Peru. This melting increased the water level in Lake Palcacocha, which threatens to flood the city. He sought compensation of 17,000 euros to help fund a flood defense project to protect his community. However, the higher regional court in Hamm ruled that the risk of flooding to Saúl’s property was not high enough to allow the case to continue, and it blocked any further appeals. This decision ended a legal battle that lasted for ten years.
Saúl Luciano Lliuya is both a farmer and a mountain guide who has witnessed the effects of climate change firsthand. He explained that the water in Lake Palcacocha has grown to four times its size since 2003 due to the melting glaciers. This poses a serious threat to the people living in Huaraz, especially if large chunks of ice break off from the glacier and fall into the lake, causing it to overflow. Saúl chose to sue RWE because a 2013 database showed that the company was one of the largest fossil fuel polluters in Europe. He argued that RWE’s emissions contributed to rising temperatures in Peru’s mountains and demanded that the company pay a share of the costs to build flood defenses.
Although the court dismissed Saúl’s specific claim, it made a significant statement by recognizing that energy companies can be held responsible for damages caused by their carbon emissions under German civil law. This is a landmark moment for climate change activism, as it opens the door for future legal actions against major polluters. Environmental groups praised the ruling, calling it a historic step forward. RWE responded by saying it is not active in Peru and questioned why it was targeted. The company also highlighted its plans to phase out coal power plants and become carbon neutral by 2040. Despite the court’s decision, many hope this case will inspire similar lawsuits worldwide to hold companies accountable for their role in climate change.
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