Climate Change Litigation: Hamm Court of Appeals Considers Site Visit in Peru

Skulptur_vor_dem_Oberlandesgericht_-_panoramioWe have tracked the first major piece of Climate Change litigation in Germany, an action by Peruvian farmer Saul LLiuya against German energy company RWE, since it was started in November 2015. Here’s a recap of what happened so far:

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Climate Change Litigation: Hamm Court of Appeals to Take Evidence in LLiuya vs. RWE

450px-Lago_Palcacocha_2002We had reported on the first instance proceedings in the Essen District Court (Landgericht) brought by Peruvian farmer Saúl Lliuya against German energy giant RWE, which resulted in a dismissal of Lliuya’s claim to hold RWE liable for climate change-related damages he might suffer. LLiuya owns property in Huaraz, Peru and argues that this property is exposed to a high risk of flooding and earth slides as a result of the local glacier melting and the water volume in a lagoon above his property increasing dramatically. Continue reading

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Climate Change Litigation: Essen District Court Dismisses Action Brought By Peruvian Farmer

We reported on what appears to be the first major piece of Climate Change litigation in Germany, an action by Peruvian farmer Saul LLiuya against German energy company RWE. To briefly recap:

Saul LLiuya owns property in the city of Huaraz in the Ancash region of Peru. It is located at the foot of the Andes below the Laguna Palcacocha, a natural moraine-dammed lake beneath the Palcaraju glacier. LLiuya alledges that, as a result of the melting of the glacier, the water volume of that lake has increased to a dangerous level. He believes that this has been caused by by global greenhouse gas emissions. For these, he considered RWE be jointly responsible because, according to his estimate, it is causing 0.47% of the world-wide greenhouse gas emissions. Accordingly, RWE should be held responsible for any actual and future costs incurred by him to safeguard his property against floods and mudslides. Continue reading

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