A German court on Monday resumed hearings in a landmark case brought by Peruvian farmer Saul Luciano Lliuya against the energy giant RWE, arguing that the company’s carbon emissions have contributed to the melting of Andean glaciers, increasing the flood risk to his home.
The case, which could set a precedent for future climate litigation, seeks to hold corporations accountable for past emissions and require them to fund climate adaptation efforts. Lliuya, supported by the activist group Germanwatch, is demanding that RWE contribute approximately €21,000 ($23,000) toward a $3.5 million flood defense project in Peru.
Using data from the Carbon Majors database, Lliuya claims that RWE has contributed nearly 0.5% of global man-made emissions since the Industrial Revolution and should pay a proportional share of the costs associated with climate change. Legal experts are closely monitoring the case to assess its potential impact on global climate responsibility.
RWE, currently phasing out its coal-fired power plants, has rejected the claims, stating that a single emitter cannot be held liable for global warming. The company argues that if such legal responsibility were recognized, it could extend to individual motorists as well.
The case, first filed in 2015 in Essen, was initially dismissed but allowed to proceed by the Higher Regional Court of Hamm in 2017. The court must determine whether melting glaciers are increasing water levels in Lake Palcacocha, situated over 4,500 meters above sea level, and whether this poses a direct flooding threat to Lliuya’s home in Huaraz.
Court-appointed experts visited the site in 2022, with their findings released in 2023 and 2024. These reports will be examined during the two-day hearing. Climate scientist Friederike Otto from the Grantham Institute noted that studies indicate the glacier’s retreat would not have occurred without climate change.
If the court determines a direct risk exists, it will then assess the role of greenhouse gas emissions in accelerating glacier melt—a process that could take another two years. A 2021 study by Oxford and Washington universities linked glacier melting in the Peruvian Andes to human-induced global warming.
Lliuya's lawyer, Roda Verheyen, emphasized the significance of the case moving forward, highlighting the growing momentum in legal challenges against major polluters. "Saul had very little to no hope that this would get anywhere. And now we're all here," she said.
The outcome of this case could influence future climate litigation, potentially paving the way for affected communities worldwide to seek financial accountability from corporations contributing to global emissions.