The Higher Regional Court of Hamm is adjudicating a climate case filed by Peruvian farmer Saúl Luciano Lliuya against RWE, a major German energy company. This hearing may set a precedent for corporate accountability for climate damage, reinforcing the polluter pays principle. Legal experts from CIEL emphasize this momentous shift in the climate litigation landscape, indicating that the fossil fuel industry faces mounting pressures to accept responsibility for climate-related harms.
On March 19, 2025, the Higher Regional Court of Hamm in Germany addressed a significant climate case initiated by Saúl Luciano Lliuya, a Peruvian farmer and mountain guide, against the German energy company RWE. The ruling, anticipated on April 14, 2025, is poised to influence global climate litigation by reaffirming the polluter pays principle, signifying a new phase in holding fossil fuel companies accountable for their contributions to climate change.
Sebastien Duyck, Senior Attorney at the Center for International Environmental Law (CIEL), affirmed, “This hearing marks a turning point in climate litigation and the fight to hold big polluters accountable.” He characterized the case as a potential end to the era of impunity for fossil fuel companies, highlighting RWE’s attempts to undermine the Court’s previous rulings from 2017.
Nikki Reisch, CIEL’s Climate & Energy Program Director, emphasized the broader implications of the hearings, stating that they signal a shift in accountability for major polluters worldwide. She indicated that the ongoing precedent of climate litigation would serve as a strong warning to the fossil fuel industry and its investors.
Saúl Luciano Lliuya’s case began in 2015 with claims that RWE’s contributions to climate change have directly led to glacier melt and increased flood risks near his home in Huaraz, Peru. Lliuya is seeking compensation, amounting to $21,000, which reflects RWE’s estimated contribution (0.47 percent) to global greenhouse gas emissions and its responsibility for costs related to flood protection.
This case is notable as it marks the first time a federal court acknowledged the possibility of corporate liability for climate harm, with the recent hearings gathering considerable legal attention. The Court’s decision on this critical matter could further legitimize climate accountability in corporate governance.
The hearings at the Higher Regional Court of Hamm represent a pivotal moment in climate litigation history, where accountability for climate harm is being established. The case led by Saúl Luciano Lliuya against RWE underscores the urgent need for fossil fuel companies to accept their responsibility in the ongoing climate crisis. With the legal system increasingly recognizing corporate liability for environmental damage, the outcome of this case could influence future climate accountability scenarios on a global scale.
Original Source: www.ciel.org
