The Higher Regional Court of Hamm is hearing a landmark climate case where Peruvian farmer Saúl Luciano Lliuya seeks accountability from German energy company RWE for its role in climate change. This case could redefine corporate liability regarding climate impacts and is expected to deliver its decision on April 14, 2025.
This week, the Higher Regional Court of Hamm, Germany, commenced hearings for the pivotal climate case initiated by Saúl Luciano Lliuya, a Peruvian farmer and mountain guide, against German energy firm RWE. The court’s ruling, anticipated on April 14, 2025, stands to significantly influence climate accountability frameworks, affirming the principle that polluters must face economic consequences for their actions.
Sebastien Duyck, Senior Attorney at the Center for International Environmental Law (CIEL), characterized this hearing as a transformative moment in climate litigation. He stated that compelling a major fossil fuel company to confront its role in climate damage could signal a shift away from the long-standing impunity often enjoyed by such industries.
During the hearings, RWE’s legal representatives attempted to challenge a precedent established in 2017, which affirmed that corporations could be held accountable for climate-related harm. Duyck noted that the fossil fuel sector’s apprehension regarding potential future rulings reflects its recognition of increased accountability for climate-related damages.
CIEL’s Climate & Energy Program Director, Nikki Reisch, remarked that these hearings convey a crucial message not only to similar ongoing cases but also to affected communities worldwide, signaling that justice may soon be attainable. She emphasized that the implications of climate harm for major polluters are becoming legally enforceable.
Reisch cautioned the fossil fuel industry and its financial supporters, indicating that avoiding climate accountability is becoming increasingly untenable. She suggested that with the rising trend of climate litigation, the fossil fuel industry is at a critical juncture; investors must choose between ceasing their financial support for climate destruction or risking eventual collapse alongside these industries.
The case originates from Lliuya’s claims that RWE, as Germany’s largest electricity producer, has significantly contributed to climate change, thus endangering his community in Huaraz with glacier melt and flood risks. Lliuya is seeking compensation reflective of RWE’s 0.47% share in global greenhouse gas emissions, amounting to $21,000 for flood protection measures. The case has already marked a milestone in legal history, as it supports the positioning of corporations as liable for climate impacts.
In 2017, the Higher Regional Court acknowledged the admissibility of the case, allowing it to proceed with evidence hearings on March 17 and 19. The court’s decision will articulate whether corporations can be held accountable for climate harm in this landmark case.
The ongoing hearings at the Higher Regional Court of Hamm represent a significant advancement in holding fossil fuel companies accountable for climate-related damage. The reaffirmation of the polluter pays principle is likely to impact not only this case but influence similar litigations globally. The actions and rulings of this court may well redefine corporate responsibility in the context of climate harm, emphasizing the urgent need for accountability among polluters.
Original Source: www.ciel.org
