RWE vs Anden-Bauer: Judge Declares Judgment - Court delivers verdict in initial trial case
The Higher Regional Court of Hamm is set to announce a significant decision in a climate change-related lawsuit involving Peruvian farmer Saúl Luciano Lliuya and German energy corporation RWE. Since 2015, Lliuya has been seeking compensation from RWE for the costs associated with protective measures against potential floodwaves from the Palcacocha glacial lake. The threat to his Huaraz home arises from the possibility of glacial retreat or a rockslide, which could trigger such floodwaves.
Lliuya argues that RWE's greenhouse gas emissions make it responsible for this danger. His lawsuit is supported by the Future Sustainability Foundation and Germanwatch. RWE considers the lawsuit inadmissible under law.
In March, two expert witnesses provided their findings to the OLG, stating that Lliuya's property wouldn't likely face serious flooding or mudslides within the next 30 years. They estimated the probability of realistic flooding scenarios at one percent. Llawyers and experts for the plaintiff criticized the witnesses for downplaying the risk.
A bias complaint against one of the expert witnesses was dismissed, leading to a postponement of the court's initial decision date from April 14 to May 28.
Germanwatch views this lawsuit as a "strategic climate lawsuit," aiming to create legal precedents, spur political decisions, and raise public awareness for climate protection and fundamental rights.
With regards to the risk assessment, the court-appointed experts estimate a 1% probability of a flood wave affecting Luciano Lliuya’s property from the upstream glacier lagoon over the next 30 years. Consequently, the court has yet to investigate a potential causal link between RWE's CO2 emissions and the proposed flood risk to Lliuya's property.
Despite rejecting the specific claim, the court ruling sets a legal precedent for major emitters like RWE being held liable under German civil law for climate change consequences. This could influence future climate lawsuits across Europe and potentially other jurisdictions. The ruling carries significant legal and economic implications for companies involved in climate-related activities. RWE has expressed concerns that such civil liability could have unforeseeable consequences for Germany as an industrial location, given the potential for global climate change damage claims against German companies.
- This significant court decision in a climate change-related lawsuit between Peruvian farmer Saúl Luciano Lliuya and German energy corporation RWE could potentially set legal precedents in EC countries, influencing future climate lawsuits across Europe and even other jurisdictions.
- The Higher Regional Court of Hamm is examining whether RWE's energy policy and greenhouse gas emissions make it responsible for the flood risk faced by Lliuya's property, showcasing the intersection of energy policy, health and wellness, climate change, and environmental science.
- The decision could have substantial financial implications for companies involved in climate-related activities, highlighting the growing importance of addressing climate change from a financial perspective, particularly within the industry.
- While science and medical-conditions typically don't come to the forefront in climate change lawsuits, the potential impact on Lliuya's health and wellness due to the flood risk underscores the multidimensional effects of climate change on our lives.
