The Peruian farmer case against German energy giant RWE can reopen the global climate accountability

Bogota Colombia — As the head of an important climate trial for testing in Germany next week, experts say the case brought by Peru’s farmer Saul Lussiano Laliaya against German energy giant RWE can set an important example in the fight to hold major pollutants responsible for climate change.

Noah Walford, an advisor to London School of Economics, a research fellow and a non-profit Germanwatch advisor Noah Walford said, “This is one of the first cases of its kind-a major Greenhouse gas emitter has made a case brought directly by a person affected by climate change against the climate change,” a case has been made in all the way, “a research fellow and a non-colonial partner of the London School of Economics to test it. An advisor, who is advising Laliauya.

LLIUYA’s trial against RWE argues that the company’s historic Greenhouse gas emission has promoted global warming, which has melted glacier over its hometown Huaraz, Peru. As a result, Lake Palkococha has reached dangerous levels, threatening the community with a risk of frightening floods.

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

45 -year -old, Laliyuya told Associated Press in a German video call, “It is very sad and painful to see the glaciers melting.” “Regarding the future, there is a lot of concern about the people of my community about the issue of water, as all the rivers coming below the mountains are used for farming.”

Walker-Crofford said about all these matters around the world, it is one that has gone far away.

He said, “It is already a partial example that the courts found it acceptable in 2017, meaning that the judges said the matter is legally solid,” he said. “Now, the court is listening to evidence, and we will see if the responsibility of the company can be proved in this specific case.”

Sebastian Duke, a senior advocate at the Center for International Environmental Law, says that the case is so important that this decision is not themselves or the amount of loss, but this example will be set.

“If we can use the torture law to say that any fossil fuel corporation, which contribute significantly to climate change, can be held responsible for climatic costs in proportion to their emission, it can open the door for many similar matters worldwide,” he said.

The case can be a “one game changer”, according to the dead, from zero carbon analytics, a research group on climate change.

“This case is absolutely important,” said Worth. “While this is just a case focused in this one place in Peru, the broad implications are very large. Costs and disadvantages from climate change can run up to tens of trillion dollars in a year, and if large -scale fossil fuel companies are found responsible for those costs and it needs to be completely funded, it will completely change fuel.”

RWE is one of the largest energy companies in Germany, historically recognized as a major producer of fossil fuels.

RWE says the lawsuit is legally unfair and it sets a dangerous example by holding individual emitters responsible for global climate change.

“In our view, there is no legal basis to keep individual issues responsible for global events such as climate change. Due to the complexity of the climate with global emissions of greenhouse gases from both natural and human sources, this is not possible, in our opinion, to legally characterize the specific effects of climate change for a single issuer, ”the company said in response to questions given by AP.

The company emphasizes that climate solutions should be addressed through state and international policies and not through courts.

Walker-Crofford said that the court is entering the evidence-accelerated phase, investigating whether there is a really important risk of floods in Laliua’s house.

“If the court decides that the risk is quite high, it will assess whether the emission of RWE can be scientifically linked to that risk,” he said.

Despite the final result of the case, Walker-Cofford said it is likely to strengthen the legal foundation for future cases.

“Even though the specific risk in this case is not considered sufficiently high, it is an example that companies can be held responsible to their climate effects,” he said.

The result of the case may also have financial results.

“We are already beginning to look at the impact of climate litigation on financial markets,” said Walker-Cofford. “Research has shown that when climate cases against corporations carry forward major obstacles, it negatively affects the stock market price of companies. Investors are starting to focus on important financial liability climate litigation. ,

Lliuya, who also serves as a mountain guide for tourists, said he started a case with Little Hope. Ten years later, this hope has increased.

“When the German Judge visited my house and lake in 2022, it hoped me – hope our voices were being heard and this justice could be possible,” he said. ,

The hearing will start from Monday.

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Franklin Briceno contributed to this report in Lima, Peru.

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