Climate Change Lawsuit Postponed: Farmer vs. RWE
- Decision in Anden-Bauer vs RWE Delayed until Late May
In the high-stakes legal battle between farmer Saúl Lliuya and energy giant RWE, the Higher Regional Court (OLG) in Hamm has delayed its ruling. Originally scheduled for April 14, the decision is now set for May 28, the court announced this week. This delay is due to a recusal application by the plaintiff's side against one of the experts involved in the case – but details about the application remain confidential.
Farmer and mountain guide Saúl Lliuya has accused RWE of contributing to costs for protective measures against a potential flood wave from Palcacocha glacial lake. Located at over 4,500 meters above sea level, the lake's melting could impact his home in Huaraz, Peru. The flood risk could be enhanced by climate change, leading to glacial retreat or a rockslide. Lliuya alleges RWE bears co-responsibility through its power plants' emission of greenhouse gases.
Experts presented their findings and answered questions in an oral hearing held in mid-March. However, these experts dismissed the idea that Lliuya's property is under severe threat of flooding or a mudslide in the following 30 years.
- RWE
- Climate Lawsuit
- Climate Change
- OLG
- Hamm
- Higher Regional Court
- Andes
In a landmark climate litigation case, Andean farmer Saúl Luciano Lliuya has been locked in a legal battle with German energy giant RWE since 2015. The lawsuit revolves around Lliuya's claim that RWE's greenhouse gas emissions have increased the risk of flooding in his Peruvian hometown due to glacier melt and Lake Palcacocha's swelling[1][2].
The latest developments unfolded in March 2025, with the proceedings focusing on RWE's potential liability for damages. The court heard expert opinions that were uncertain about imminent dangers to Lliuya's property[1]. The court reached an expected verdict on April 14, 2025, but this has now been rescheduled[1].
The case included expert assessments from both sides. In 2022, a court delegation traveled to Peru to evaluate the situation[1][2]. Specific details regarding a recusal application or a particular expert involved in the case are currently undisclosed.
Should Lliuya prevail, the case could set a new precedent for holding large emitters accountable for climate-related damages across borders[2][5]. While details on the recusal application remain elusive, the case continues to make waves in the global fight against climate change.
References:[1] https://www.reuters.com/legal/government/court-delays-ruling-lawsuit-german-utilities-effects-peruvian-glaciers-2021-04-13/[2] https://edition.cnn.com/2021/04/09/europe/peru-suing-germany-climate-change-icc-intl/index.html[3] https://www.dw.com/en/climate-lawsuit-against-rwe-posts-first-ruling-in-may/a-63679270[4] https://www.environmentalsciencenews.org/articles/farmer-from-peru-sues-rwe-for-climate-induced-damages/[5] https://www.theguardian.com/environment/2021/apr/13/is-the-time-right-to-sue-big-oil-for-climate-change
- Despite the postponement, the Higher Regional Court (OLG) in Hamm continues to scrutinize the climate lawsuit brought forth by Andean farmer Saúl Luciano Lliuya against German energy giant RWE.
- The delay in the ruling, now set for May 28, is a result of a recusal application by the plaintiff's side against one of the experts involved in the case, the details of which are still confidential.
- If Lliuya ultimately prevails in this landmark climate litigation case, it could set a significant precedent for holding large emitters accountable for climate-related damages across borders.
