RWE vs. Anden-Bauer: Court Delivers Judgment - Court delivers ruling in initial hearings
In a landmark decision, the Higher Regional Court of Hamm in Germany announced its verdict on a climate change lawsuit filed by Peruvian farmer Saúl Luciano Lliuya against energy giant RWE. The legal clash, which commenced in 2015, centers around Lliuya's demand for RWE to contribute to protective measures against potential flood threats from the Palcacocha glacier lake, which endangers his Huaraz home.
Lliuya alleges that RWE is partially responsible for the threat due to its significant greenhouse gas emissions from power plants. He is supported by the Future Foundation and environmental organization Germanwatch, while RWE considers the lawsuit inadmissible under law.
Formerly scheduled for an announcement on April 14, the decision was postponed after Lliuya filed a bias complaint against an expert witness, which was subsequently dismissed. Recently, on May 28, the court issued its judgement.
Two expert witnesses presented their findings during a hearing in mid-March, expressing doubts about the immediate flood risk to Lliuya's property. They estimated the likelihood of serious flooding or a mudslide within the next 30 years at around 1%. Following this, attorneys and experts for Lliuya contested the estimates, arguing that the risk was being underestimated.
Nonetheless, the court's decision dismissed Lliuya's specific claim, citing the low flood risk probability as not sufficient to substantiate an immediate danger. The court's groundbreaking ruling, however, heralded a potential shift in climate litigation by confirming that under German civil law, major emitters can be held accountable for the consequences of climate change. This sets precedence for future such lawsuits in Germany and potentially other nations.
For the plaintiff, the lawsuit is deemed as a "strategic climate lawsuit" by Germanwatch, aiming to bolster climate protection, fundamental rights, create legal precedents, and fuel public awareness regarding the climate crisis. The decision marks a key milestone in the move toward holding fossil fuel companies responsible for their greenhouse gas emissions and their role in aggravating climate change, despite the continued challenges faced in demonstrating direct causation and harm.
- The court's ruling, despite dismissing Lliuya's specific claim, marks a potential shift in energy policy and climate litigation, establishing a precedent that major emitters can be held accountable for the consequences of climate change under German civil law.
- The lawsuit, supported by the Future Foundation and environmental organization Germanwatch, aims to bolster climate protection, create legal precedents, and fuel public awareness about the climate crisis, which is linked to issues on health-and-wellness, mental-health, and environmental-science.
- In line with the ongoing debate on energy policy and energy policy, the court's decision emphasizes the importance of considering the long-term impacts of greenhouse gas emissions from energy companies, like RWE, on the wider EC countries and the global climate-change landscape.
