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Why is a Peruvian farm taking RWE in Germany to court for climate change?

Why is a Peruvian farm taking RWE in Germany to court for climate change?

A Peruvian farm gets his day in court as part of a landmark climate lawsuit against German energy giant RWE. The case could change the way that companies' emissions effects are litigated.

On Monday, the Higher Regional Court of Hamm is scheduled to begin hearings between RWE and farmer Saul Luciano Lliuya.

Lliuya has filed a lawsuit against RWE, seeking 21,000 euros. He claims that the company's emissions contributed to the melting andean glaciers which caused a lake to rise dangerously above his home.

What is the nature of the case? What is the legal basis? What does this mean for future climate litigation?

What is the case about?

Lliuya filed a lawsuit in 2015 with the support of the activist group Germanwatch. He claimed that RWE's greenhouse gases had contributed to the melting an Andean Glacier, which raised the water levels at Laguna Pacacocha. This created a flood risk for his home, located near the town of Huaraz.

Lliuya wants RWE to contribute 21,000 euros towards the estimated cost of $3.5 million for a flood-defence project. He claims that the company is responsible for nearly 0.5% global greenhouse gas emissions caused by man since the Industrial Revolution, and therefore should be paying the equivalent of the flood protection costs.

Why did it take 10 years to have a hearing?

The first court to hear the case was in Essen, Germany, where RWE has its headquarters. The court rejected the claims saying that there are countless carbon dioxide emitters worldwide and any potential flood risks as a result from the melting glacial ice cannot be attributed solely to RWE.

Lliuya filed an appeal against the Hamm higher regional court's decision in 2017. The court admitted the case and stated that it would be seeking evidence.

The COVID-19 pandemic delayed a visit by experts appointed by the court to study flood risk around the glacier until 2022. A 200-page expert report was made available over a year after the COVID-19 pandemic. The two parties had to review it.

What is the legal basis of the case?

The case is based upon section 1004 (Civil Law Code) which states that the owner can require the disturber remove the interference if it is done to their property.

If the court finds that the flood threat claimed by the plaintiff was real, it will then determine in the second phase the extent to which RWE's emissions of CO2 have contributed to a risk of a flood from a glacial outburst lake.

The next hearing will be a preliminary step that will include the evaluation of the experts appointed by the court.

Why has the case attracted so much interest?

If the court holds RWE legally responsible for climate change and finds that glacier melt poses a flood threat, this would be a precedent to hold companies accountable for climate changes.

The amount in dispute is less than 20,000 Euros, but it's clear that the potential to set precedents in this case is huge," says the website of Freshfields Bruckhaus Deringer, the law firm which represents RWE.

Roda Verheyen said that even if the court did not find there to be a flood threat, its decision would serve as a basis for future cases.

What does science say about this?

Scientists at the University of Washington and Oxford University proved in 2021 that global warming caused the melting of the glacier of the Peruvian Andes, increasing flooding risks to nearby residents.

Friederike Otto is a climate scientist with the Grantham Institute for Climate Change and the Environment. She said: "There are plenty of proofs that the science applies in the Andes. We have no evidence to the contra."

What does RWE say about the case?

RWE claims that Lliuya’s complaint is unfounded. It argues that a single emitter can't be held accountable for global warming.

It has made a transition from coal to gas, but it still runs 7 lignite power plants or brown coal plants. These plants account for 26,7% of the company's total electricity generation. In 2020, there were 20 plants. It also operates 21 gas-fired power plants in Germany, the Netherlands and the UK.

RWE said that its CO2 emissions will be reduced by almost half to 60,6 million tons from 118 millions tons in 2018. Further reductions are expected. The company aims to phase out lignite completely by 2030. (Reporting and editing by Adam Jourdan, Christina Fincher and Riham Alkousaa)

(source: Reuters)