This farmer is bringing the Andine glaciers to court against fossil lobbies (the process at the start today)

A crowded courtroom, tense looks and a palpable wait. To HammIn Germany, a process is taking place that could mark a turning point in the fight against climate change. On the one hand, Saul Luciano Lliuyaa Peruvian farmer, alpine guide, and defender of his land. On the other, RWEa German energy giant, accused of contributing to the merger of the Andean glaciers.

The stakes are high: establish whether large companies can be held responsible for the climatic damage that cause. A decision that could create a precedent for future environmental disputes.

A battle for a decade

The story of Saul Luciano Lliuya is that of a man who has seen his world change. The glaciers who fed his land, who guaranteed water for his family and community, are retreating. The lake of Stagelocated above the city of Huarazhas grown in a threatening way, due to the fusion of glaciers. The risk of flooding is concrete.

In 2015, Luciano Lliuya decided to act. Has filed a cause against RWEone of the major CO2 emitters in Europe, considering it responsible, in part, of the climatic crisis and the threat that looms over its city.

After years of legal battles, the case arrived atHigh regional court of Hamm. The hearings that, starting on March 17 will end on March 19, focus on a crucial question: to what extent the owner of the agricultor is threatened by a wave of full flood, due to landslides or avalanches that fall into the glacial lake of stage? The Court will have to establish whether the risk is sufficient to consider RWE responsible, in proportion, of the damages.

A case that makes a school

Luciano Lliuya’s cause has already made history. In 2017, the Second Grade Regional Court established that a civil request to protect people affected by the climatic crisis by a great emitter like RWE is legally valid. Now, the court must decide if there is a real risk for the farmer’s house and, if so, To what extent RWE contributed to this risk.

Lliuya would like RWE to pay around 21,000 euros for a defense project from floods (total value of 3.5 million dollars).
Using database data Carbon Majors On the historical production of the main manufacturers of fossil fuels and cement, Lliuya states that the German energy giant would have caused about 0.5% of the global emissions produced by man starting from the industrial revolution and that therefore it should cover a proportional share of the costs of global warming caused by it.

RWE’s defense

RWE defends itself, claiming that a single carbon dioxide emitter cannot be held responsible for global warming. The company states that, if such a request was accepted, every motorist could be held responsible.

A precedent for the future

German law does not include specific provisions on climatic liability, but the “neighborhood section” of the German civil code provides a path for responsibility. Allows the owners of real estate to request the removal of harmful interference – explained the lawyer on x Senior lawyer of the center for International Environmental Law, Sebastien Duyck – The Court has already recognized that, given the global nature of the climatic damage, this law could potentially apply to the impact of a German company up to the Andes. This case could establish a precedent to consider pollutors legally responsible.

The decision of the Hamm Court will have a significant impact. If RWE is held responsible, a precedent will be created that could encourage other communities, affected by climate change, a take legal actions against large companies.

If the Court establishes that pollutors can, in principle, be held responsible pursuant to civil law, this would establish an influential precedent that could inform cases all over the world. In fact, there are currently 43 pending cases that require financial compensation for climatic damages – continued SEB Duyck – civil law has already considered industries responsible in the past – from the Big Tobacco to asbestos. It is only a matter of time before fossil fuels companies deal with the same showdown. Saul against RWE could drastically accelerate this change.

The process

The lawyer Seb Duyck, through a live tweeting from the courtroomprovided crucial details on the process. The day opened with a gathering of supporters before the court, in solidarity with Luciano Lliuya. During the hearings, the Court will listen to a combination of legal arguments and scientific evidence.

Judge Meyer opened the hearing with a summary of the situation, confirming the 2017 decision to consider the case on the merits. But above all, he denounced RWE’s bad faith, calling the topic unfounded according to which considering the fossil fuels responsible would open the door to consider any motorist responsible.

“I waited for a long time this moment and I am happy that the hearing is finally taking place,” said Luciano Lliuya “I hope that the Court recognizes the significant risk of flooding and the impact of climate change on my family and then clarifying in detail the responsibility of RWE as a subsequent step. The glaciers are dissolving all around me and I am worried about the future of my family and my city “.

Organizations such as Germanwatch and the Stiftung Zukunftsfähigkeit They support the cause of Luciano Lliuya, underlining the importance of considering the great pollutors responsible and to promote political solutions to protect the most vulnerable communities.

Last week, the lawyer Roda Verheyen had explained: “The Court will have to decide whether there is sufficient legal risk for my client to consider RWE proportionally responsible for the risk of flooding pursuant to German civil law. Science is clear: Saúl Luciano Lliuya and thousands of other people in his hometown of Huaraz are affected by an acute risk of flooding which constantly increases following the climatic crisis. Seven years ago, the Court said: in principle, the great pollutors can be held responsible. Next week, it is hoped that the next step is full. After all, we are talking about the most obvious case of impacts of everyone’s climate change: the dissolution of glaciers and permafrost. There is an urgent need for protection measures in Huaraz to prevent damage to my client “.