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Legal battle between farmer and energy giant could have global implications: 'A strong precedent'

"Investors face a choice."

"Investors face a choice."

Photo Credit: Getty Images

Peruvian farmer Saul Luciano Lliuya and global energy giant RWE have finally begun a landmark legal case that can set a precedent on corporate climate accountability. 

Reuters detailed that oral hearings were held in Hamm, Germany, in March, marking the beginning of a legal battle that's a decade in the making.

Lliuya, a farmer from Huaraz, Peru, filed a lawsuit against RWE, a German electric power company, in 2015. 

Lliuya said that RWE has generated an estimated 0.5% of the planet's heat-trapping pollution since the Industrial Revolution. This has contributed to the melting of Andean glaciers that subsequently caused Laguna Pacacocha lake waters to rise, thus increasing the risk of flooding in Huaraz, where Lliuya's farmland is. The 44-year-old has demanded that RWE pay the equivalent fraction of flood protection costs in the area — around $18,520 toward a $3.5 million flood defense project.

When the case was first filed, the regional court in Essen dismissed it. In 2017, Lliuya went to the Higher Regional Court in Hamm to appeal the case. The suit was admitted and allowed to move forward with gathering evidence. On March 17 and 19, 2025, the first oral hearings were finally held.

The court heard expert findings that indicate a 3% flood risk to Huaraz over the next 30 years.

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However, RWE argues that no single emitter can be held responsible for rising temperatures. If Lliuya wins, they say, every motorist could be held liable for their emissions.

This dispute goes beyond one farmer and one company. According to Reuters, senior attorney at the Center for International Environmental Law Sebastien Duyck said, "Legal experts are watching closely to understand the extent to which this is going ... to set a strong precedent." 

If Lliuya wins, it could pave the way for future legal actions against major polluters. Instead of people like Lliuya taking on corporate giants alone, strong legal precedents can compel major polluters to reduce their emissions or face steep costs.

The court's decision on the Lliuya vs. RWE case could take time, but it's sparking important conversations. Whatever the outcome, this case could reshape how corporations are held responsible for their environmental impact. 

As program director Nikki Reisch said in a CIEL press release, "Investors face a choice: stop funding climate destruction or go down with it."

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