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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Pledge for Greener Arbitration

Green-Arbitration-PledgeThe aptly named Lucy Greenwood is promoting the idea of a Pledge for Greener Arbitrations. Excellent idea – here it is:

  • At all times during the arbitration I will consider and question the need to fly;

  • At all times during the arbitration I will only correspond through electronic means unless hard copy correspondence is expressly required in the circumstances;

  • As an arbitrator, I will not request hard copies of documents to be provided to me;

  • As an arbitrator, I will discourage the use of hard copy bundles in hearing rooms;

  • As an arbitrator, I will suggest, and as counsel I will consider, where appropriate, that witnesses give evidence through video-link rather than attend hearings in person;

  • I will review the level of air conditioning in hearing rooms;

  • As an arbitrator, I will not travel unnecessarily to deliberate with my co-arbitrators, and will use screen sharing/video technology instead;

  • As counsel, I will not travel unnecessarily to conduct fact finding or other interviews with witnesses and will use screen sharing/video technology instead where appropriate;

  • I will offset the carbon emissions of any flights I make to arbitration hearings.

To take the pledge, klick here!

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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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