German Court Dismisses Climate Case Against RWE but Affirms Polluter Liability

A German court in Hamm has dismissed a decade-long lawsuit by Peruvian farmer Saul Luciano Lliuya against energy giant RWE, rejecting his claim for damages related to the risk of flooding caused by melting glaciers in the Andes. While the court ruled that the flood risk to Lliuya’s property was not sufficiently imminent to justify damages and disallowed an appeal, it made a historic legal precedent by recognizing that large polluters can be held liable for the impacts of their greenhouse gas emissions. The court stated that emitters may be obligated to take preventive measures or bear costs proportionate to their share of emissions if there is a concrete threat of harm. Legal experts and environmental groups hailed the ruling as a milestone that could empower future climate lawsuits in Germany and other countries with similar laws, such as the US, Japan, the UK, and the Netherlands. Lliuya and his supporters view the decision as a significant step forward for climate accountability, emphasizing that big polluters can finally be held responsible for the harm caused by climate change. Despite the dismissal, the case is seen as opening the door for other communities affected by climate change to seek legal redress against fossil fuel companies.