Legal Decision in Anden-Bauer and RWE Dispute - Decision handed down by the Court of First Instance
HIGHER REGIONAL COURT OF HAMM DECIDES ON CLIMATE LAWSUIT BETWEEN ANDINE FARMER AND ENERGY GIANT RWE
The legal tussle between a Peruvian farmer, Saúl Luciano Lliuya, and energy giant RWE regarding climate change repercussions took a significant turn today. The Higher Regional Court of Hamm, Germany, is set to announce its decision on a lawsuit that has been ongoing since 2015, where Lliuya seeks to hold RWE accountable for contributing to protective measures against potential flood hazards due to retreating glaciers or rockslides in Lake Palcacocha. Lliuya's home in Huaraz, Peru, is said to be at risk.
Lliuya contends that RWE's emissions from its power plants contribute to climate change, thereby making the company partially responsible for these potential threats. His case is supported by the Future Sustainability Foundation and environmental organization Germanwatch, while RWE dismisses the lawsuit as legally inadmissible.
In a hearing last March, two expert witnesses presented findings, asserting that a flood wave or mudslide poses minimal risk to Lliuya's property within the next 30 years. They estimated the probability of risky flooding scenarios at only one percent. Critics, however, accused these experts of underestimating the risk.
A bias complaint against one of the expert witnesses was dismissed, which led to a postponement of the initial April 14 announcement date to May 28.
This lawsuit is seen by Germanwatch as a "strategic climate lawsuit," with aims encompassing climate protection, the protection of fundamental rights, establishing legal precedents, triggering overdue political decisions, and raising public awareness beyond Lliuya's individual interests.
If RWE is found liable, setting a precedent for future climate lawsuits in Germany, global implications could emerge, with companies being held accountable for their contributions to climate change. This might encourage similar lawsuits worldwide. The case's legal framework could also evolve, outlining more explicit criteria for determining corporate liability in climate litigation. Should the ruling prove successful, it might pave the way for more cases arguing that companies must mitigate climate change impacts.
Sources:[1] The Guardian - May 28, 2025[2] Reuters - May 28, 2025
- The decision by the Higher Regional Court of Hamm on the climate lawsuit between Saúl Luciano Lliuya and energy giant RWE could influence energy policies in EC countries, as it may set a precedent for corporations being held accountable for their contributions to climate change.
- If RWE is found liable, the case could have far-reaching consequences for health-and-wellness, as companies might be compelled to address climate change impacts to protect public welfare.
- Given the ongoing lawsuit between Lliuya and RWE, the link between energy policy, energy companies, science, and climate-change becomes increasingly evident, highlighting the need for more stringent environmental regulations worldwide.
