German regional court to hear landmark climate lawsuit

On Monday 17 March and Wednesday 19 March, the Higher Regional Court of Hamm (Germany) will hear the highly anticipated climate case brought by Peruvian mountain guide Saúl Luciano Lliuya against the German energy company RWE for the flood risk posed to his property. The hearing will focus on the question: To what extent is the plaintiff’s property threatened by a possible flood wave due to rockfalls or avalanches falling into the rapidly expanding Palcacocha glacial lake? The court must then decide whether the risk is legally sufficient to hold RWE, as a significant CO2 emitter and thus contributor to climate change, proportionally liable under German law. The climate lawsuit supported by the German environmental and human rights organisation Germanwatch and its partner foundation Stiftung Zukunftsfähigkeit has already made legal history, said Germanwatch. “In 2017, the Higher Regional Court of the second instance ruled that a civil claim to protect those affected by the climate crisis against a major emitter such as the energy company RWE is legally sound. It has since decided to proceed with the hearing of evidence. In 2022, the court and experts travelled to Peru to inspect the glacial lake and the surrounding area. A decision on whether the flood risk is sufficiently high and the claim moving to the next stage may happen as early as Wednesday,” explained the group. Dr Roda Verheyen, lawyer for the plaintiff said: “Next week, the court will have to decide whether there is a sufficient legal risk for my client to hold RWE proportionally liable for the flood risk under German civil law. The science is clear: Saúl Luciano Lliuya and thousands of other people in his hometown of Huaraz are affected by an acute flood risk that is constantly increasing in the wake of the climate crisis. Seven years ago, the court said that in principle big polluters can be held responsible. Next week, it will hopefully take the next step. After all, we are talking about the most obvious case of climate change impacts of all: glacier and permafrost melting. There is an urgent need for protective measures in Huaraz to prevent harm to my client.” The plaintiff Saúl Luciano Lliuya will come to Germany for the important court hearing: “I have waited a long time for this and I am glad the hearing is finally taking place,” he said. “I hope the court will acknowledge the significant flood risk and the impact of climate change on my family to then clarify RWE’s responsibility in detail as a next step. The glaciers are melting all around me and I am worried about the future of my family and my town.” Saúl Luciano Lliuya is seeking to hold RWE accountable for protective measures at the glacial lake Palcacocha, located above the city, in accordance with its contribution to climate change. Due to global warming, the glaciers there are melting, causing the water level of the lake to rise. At the same time, the permafrost in the rock above the lake is thawing, which could lead to break-offs that trigger a devastating flood wave, said Germanwatch. As part of the formal hearing of evidence, the expert appointed by the court will be questioned about his assessments of the flood risk. On the second day of the hearing, the parties are expected to make their final statements on the risk. The court will then close the hearing and either make a decision after a recess or set a date for the pronouncement of the decision. If the court decides that there is a legally relevant risk to the plaintiff's home, it will move on to the second question of evidence: To what extent did climate change and RWE’s CO2 emissions contribute to this risk? If the court concludes that Luciano Lliuya is not affected by a flood to a legally sufficient extent, the claim will be dismissed. According to the plaintiff’s lawyer, the court would be expected to confirm and elaborate on its 2017 decision in both scenarios, establishing that large emitters can be held liable under German civil law for risks and damages in the wake of the climate crisis. Otherwise, the long duration of the proceedings could not be justified. Christoph Bals, chief policy officer of Germanwatch said: “There is growing pressure on the big companies in the coal, oil and gas industry to change their business model. This precedent has already shown that fossil fuel companies have previously undisclosed risks on their books – namely the rights of those affected by the consequences of their business worldwide. It is high time for states to hold the big polluters accountable for the damage they have caused. This should not be left to individual lawsuits.” Klaus Milke, chairman of the Stiftung Zukunftsfähigkeit, added: “Saúl has already paved the way for those affected by the climate crisis to hold the major polluters to account.”

German regional court to hear landmark climate lawsuit

Ruling could hold RWE liable for Peruvian flood risk caused by CO2 emissions

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