RWE Faces Legal Battle Decision Against Anden-Bauer - Court Pronounces Verdict in Initial Trial Case
German Energy Giant Faces Climate Liability in Judgement
Saúl Luciano Lliuya, a Peruvian farmer and mountain guide, has been embroiled in a legal battle against RWE, a German energy giant. Lliuya's home in Huaraz, Peru, is at risk from potential floodwaters due to melting glaciers or rockslides caused by climate change, emanating from Lake Palcacocha.
Since 2015, Lliuya has sought to compel RWE to contribute to the costs of protective measures, arguing that the company's greenhouse gas emissions contribute to climate change and thus are partially responsible for the mounting threat. Lliuya enjoys the support of the Future Sustainability Foundation and Germanwatch in his lawsuit, while RWE maintains its stance that the case is legally inadmissible.
Two experts reported last month that flooding or landslides are unlikely to pose a significant threat to Lliuya's property in the next 30 years, estimating the probability of such events at just 1%. However, lawyers and Lliuya's experts countered these findings, accusing them of downplaying the danger.
In early April, a bias complaint against one expert was filed but ultimately dismissed, postponing the initial decision announcement from April 14 to May 28.
The lawsuit serves as a "strategic climate lawsuit" for Germanwatch, aiming to bolster climate protection, safeguard fundamental rights, establish legal precedents, instigate overdue political decisions, and elevate public awareness.
On May 28, 2025, the Higher Regional Court of Hamm handed down a landmark ruling. While the court dismissed Lliuya's specific claims due to insufficient evidence of an imminent flood risk, it established a legal precedent that major emitters like RWE can be held accountable under German civil law for climate change risks.
Following the decision, lawyers and environmental groups view this ruling as a pivotal moment for future climate lawsuits against fossil fuel companies. Although Lliuya did not receive compensation, the judgement sets a framework for potential future cases with stronger evidence linking emissions and climate impacts. The judgment could reshape climate liability litigation worldwide, potentially benefitting cases in other countries.
- The European countries, with their energy policies and the emissions from their industries, particularly those in the energy sector, could face climate liability in judgements similar to the one against RWE.
- The impact of energy consumption on medical conditions, health-and-wellness, and climate change is becoming increasingly evident, as demonstrated by the legal battle between Saúl Luciano Lliuya and RWE.
- The judgement against RWE not only affects the finance sector, as it could potentially impact the profitability of energy companies, but also the environmental science sector, as it establishes a legal precedent for holding major emitters accountable for climate change risks.
- The science community, especially those focusing on climate change and the environment, will likely revisit the role of energy policy in exacerbating health issues and contributing to adverse climate conditions, as a result of the landmark ruling against RWE.
