A Peruvian farmer takes German energy giant RWE to court in a fight to hold polluters accountable

HAMM, Germany (AP) — A German court on Monday started hearing a Peruvian farmer's case against major energy company RWE, a lawsuit arguing that global warming fueled by the firm's historical greenhouse gas emissions ultimately poses a risk to his home.

Experts say the case at the state court in Hamm, in western Germany, could set a significant precedent in the fight to hold major polluters accountable for climate change.

Saúl Luciano Lliuya's lawsuit against RWE argues that the company’s historical greenhouse gas emissions have fueled global warming, accelerating glacial melt above his hometown of Huaraz, Peru. As a result, Lake Palcacocha has swelled to dangerous levels, threatening the community with the risk of catastrophic flooding.

RWE, which has never operated in Peru, denies legal responsibility, arguing that climate change is a global issue caused by many contributors.

The mountains, glaciers and lakes “give us water, give us life,” Lliuya said outside the courthouse, standing in front of photos of glaciers in the shape of mountains. But “the glaciers are melting, are disappearing bit by bit. Some lakes, lakes like Palcacocha — it's a risk to me, to more than 50,000 people who live in the zone at risk.”

“We have waited 10 years for this day, this decisive day,” he said to cheers from supporters. “I'm very excited; I hope that everything goes well.”

The lead lawyer in the complaint, Roda Verheyen, said she was “calm but hopeful.” She said that “there is no time to be lost, because the glaciers are melting every day.”

RWE “is still one of the biggest emitters of CO2 in all of Europe,” Verheyen said. “This is only a very first step — a trampoline for further cases of this kind” that could target other emitters.

RWE argues that the lawsuit is legally inadmissible and that it sets a dangerous precedent by holding individual emitters accountable for global climate change. It insists climate solutions should be addressed through state and international policies, not the courts.

Judges and experts from Germany visited Peru in 2022, and the court is expected to consider on Monday and Wednesday expert reports on the possible risks to Lliuya's house. It wasn't immediately clear whether it will announce its conclusions on the case this week.

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