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German court will rule on Peruvian farmer's climate case

On Wednesday, a German court will decide whether the lawsuit filed by a Peruvian against German energy giant RWE may continue. This is a landmark case which sets a precedent for future climate litigation.

Saul Luciano Lliuya, a farmer who began the case a decade earlier, argues that RWE emissions have contributed towards the melting of Andean ice, which has increased the risk of flooding in his home.

Lliuya cites data from the Carbon Majors Database, which tracks historical emissions from major fossil-fuel producers. He says RWE has been responsible for almost 0.5% of all global emissions caused by humans since the Industrial Revolution and that it must pay its proportionate share of costs to adapt to climate changes.

RWE's contribution to a $3.5million flood defence project in Lliuya’s region would be approximately $17,500.

The 44-year old farmer, who grows corn, barley, wheat and potatoes with his family in a hilly area outside Huaraz says that he chose to sue RWE, because it's one of the largest polluters in Europe, rather than any specific company project near his home.

RWE, which has phased out its coal-fired plants, claims that a single carbon dioxide emitter cannot be blamed for global warming.

The Higher Regional Court of Hamm, in two days of hearings in March, examined a 200 page report from experts that it had hired to determine if melting glaciers raised the water level in Lake Palcacocha posing a risk to Lliuya’s Huaraz home over the next 30 years.

Roda Verheyen, the lawyer for Lliuya, raised concerns in March about the court's assessment of the risks, which found that there was a 3% risk of flooding. She said she would be willing to challenge the findings.

Verheyen had filed a motion disqualifying one of the court experts. The court was forced to delay the verdict originally scheduled for April.

Verheyen stated that the arguments were very clear.

She told the media at a briefing on Thursday that "in my opinion, we can't lose".

At successive U.N. Climate Summits, the amount industrialised countries are expected to contribute towards mitigating global warming effects, such as rising sea levels, heatwaves and extreme storms, was fiercely debated.

If the court finds that Lliuya’s home is at risk of flooding, it will examine the impact climate change and greenhouse gases emissions have on the melting Andean glaciers and the increased risk.

Climate academics say that regardless of the outcome of Wednesday's case, the legal reasoning used by the court will be used in future cases.

Noah Walker-Crawford is a researcher with the London School of Economics Grantham Research Institute. He said: "Even if this case is dismissed, it would still be a huge step forward." ($1 = 0.8809 euro) (Reporting and editing by Barbara Lewis; Riham Alkousaa)

(source: Reuters)