A lawsuit filed by a Peruvian farmer against major German energy company RWE began this week. It has a couple of interesting twists.
The claim, which argues that global heating fuelled by the firm’s greenhouse gas emissions poses a risk to the farmer’s home, could set a new precedent for climate litigation, reported The Associated Press. The lawsuit, filed in Germany, makes the case that RWE’s historical emissions have contributed to the global warming that has accelerated glacial melt near Lliuya’s Peruvian hometown of Huaraz. This has caused Lake Palcacocha to rise to dangerous levels, raising the risk of disastrous flooding in the community.
Interestingly, RWE does not operate in Peru and denied legal responsibility, saying there are many contributors to the global problem of climate change. However, following a Carbon Majors Study from 2013 that said RWE was responsible for 0.5 percent of post-industrialization climate change, Lliuya - with the help of Client Earth - sued on behalf of his hometown of Huarez in 2015.
“We have waited 10 years for this day, this decisive day,” said Saúl Luciano Lliuya, as supporters cheered outside the courthouse. “I’m very excited; I hope that everything goes well.”
Huaraz is asking the energy company to pay roughly 0.5 percent of how much it will cost - an estimated $18,562 - to protect the town from imminent flood risk and the overflow from the nearby lake.
Roda Verheyen, lead lawyer in the case, said she was “calm but hopeful,” The Associated Press reported. RWE “is still one of the biggest emitters of CO2 in all of Europe,” Verheyen said. “This is only a very first step - a trampoline for further cases of this kind.”