Saúl versus RWE - The Case of Huaraz

Saúl versus RWE - The Case of Huaraz

For the first time, a company responsible for climate change faces legal charges in Europe: Today, the Peruvian farmer and mountain guide Saúl Luciano Lliuya is filing a lawsuit against the German utility RWE at the Regional Court in Essen, Germany. The reason: The energy company’s immense emissions threaten his family, his property as well as a large part of his home city of Huaraz.

Piktogramm Juristische Anmerkungen
Publikation

Liability for nuisance caused by climate change

Remarks on the decision by the District Court Essen from Dec 15, 2016 in Germany’s first climate lawsuit by Dr. Will Frank

To what extent must operators of power plants assume liability for consequences of climate change? This question is at the centre of a lawsuit in which a Peruvian farmer is suing a German energy provider. The plaintiff´s house lies below a glacial lake, the volume of which has increased to a hazardous level in the course of climate change. The power plant operator is requested to partially cover the costs of preventive measures for securing the property of the claimant. The District Court Essen dismissed the case. The decision is appealed. The central legal question is about causality. >> mehr
The Case of Huaraz
Publikation

Climate Justice needs your support

The case of Huaraz points to the major responsibility of large energy companies

The Peruvian farmer and mountain guide Saúl Luciano Lliuya has filed a lawsuit against RWE. >> mehr
Bild: Germanwatch Pressemitteilung
Pressemitteilung
13. May 2017

Climate suit against German utility RWE: Higher District Court will hear appeal on 13 November

Parallel to the political negotiations at the UN Climate Summit in Bonn, the legalities of climate change and its consequences will be on the agenda in Hamm. The Peruvian mountain guide Saúl Luciano Lliuya is taking his suit against RWE to the court of second instance.

The 5th Civil Chamber of the Higher District Court Hamm (Germany) has scheduled an oral hearing for the appeal of Peruvian mountain guide and small farmer Saúl Luciano Lliuya for 13 November (Monday). The public hearing is set to take approximately two hours. The scheduled date lies in the middle of the two-week UN Climate Change Conference in Bonn (Germany, 6 – 17 Nov.), which will likely attract added international attention to the case. The attorney for the claimant, Dr. Roda Verheyen (Hamburg), is pleased by the Higher District Court’s decision. “I am confident that this initial hearing will now be followed by an evidentiary phase." >> mehr
Blog Vorschaubild
Publikation

Landslides and floods in Peru – Huaraz is spared of the worst

Blog post by Noah Walker-Crawford, March 2017

Due to heavy rainfall the risks in Huaraz increase, but no considerable damage has happened yet. Hundreds of thousands of people in Peru are hit by floods and landslides which are the result of unusually strong rainfall. Poorer populations in particular are confronted with the consequences of those rainfalls. Many people lost their homes and are now facing an unsecure future. >> mehr
Bild: Germanwatch Pressemitteilung
Pressemitteilung
26. January 2017

Climate Suit against RWE: Peruvian Mountain Guide Will Appeal

Saúl Luciano Lliuya will file an appeal to the Higher Regional Court Hamm (Germany) against the decision made by the District Court Essen. The Peruvian, who lives in the high Andes, aims to make the german energy corporation RWE bear a share of the costs for protective measures against the impacts of climate change on his home.

Today the mountain guide and small-scale farmer Saúl Luciano Lliuya from Peru filed an appeal against the decision made by the Regional Court Essen (Germany) in his lawsuit against RWE. Together with his attorney Dr. Roda Verheyen (Hamburg), he will continue his efforts before the Higher Regional Court Hamm to compel RWE, as the largest emitter of CO2 in Europe, to contribute to protective measures against the effects of climate change in the Peruvian Andes. These effects threaten major parts of his hometown, Huaraz. The court of first instance had dismissed the “climate suit” in mid-December. >> mehr
Bild: Germanwatch Pressemitteilung
Pressemitteilung
15. December 2016

Regional Court dismisses climate lawsuit against RWE – Claimant likely to appeal

Today, the Regional Court Essen dismissed the civil suit of Peruvian mountain guide Saúl Luciano Lliuya against RWE. The legal process is likely to continue: Attorney Verheyen announced that her client will “most likely” present an appeal at the Higher Regional Court Hamm. >> mehr
Bild: Germanwatch Pressemitteilung
Pressemitteilung
24. November 2016

Climate suit against RWE: Regional court will decide on December 15

After the initial hearing at the regional court in Essen, the civil chamber will announce on December 15 whether the first European civil court climate case against a big emitter will proceed to the evidentiary phase. The Peruvian mountain guide Saúl Luciano Lliuya wants to achieve that the energy giant RWE covers a share of the preventative measures against climate effects needed in his hometown.

In the “climate suit” of Peruvian mountain guide and small farmer Saúl Luciano Lliuya against RWE, the regional court in Essen has announced that it will decide on December 15 whether the suit will proceed to the evidentiary phase. Thus it remains unclear whether, for the first time, a German civil court will probe in detail the question to what extent big contributors to climate change must pay for the costs of preventative measures against the risks that others face in the course of global climate change. The claimant Saúl Luciano Lliuya and his attorney Dr. Roda Verheyen (Hamburg) are optimistic. “In an open proceeding, we laid out why our claims are valid and legitimate, and why this is a matter that the regional court must consider”, says attorney Roda Verheyen. >> mehr
Bild: Germanwatch Pressemitteilung
Pressemitteilung
3. June 2016

The Case of Huaraz: RWE denies responsibility for climate damages in the Andes – court hearing this autumn

The Peruvian mountain guide Saúl Luciano Lliuya is demanding that the Essen Regional Court in Germany order the energy firm to pay for safety measures to protect his home town. Climate change has caused a glacial lake to fill up to the brim, threatening to flood the city of Huaraz.

Representing RWE, the law firm Freshfields Bruckhaus Deringer has filed its first response to a civil suit filed by the Peruvian small-scale farmer and mountain guide Saúl Luciano Lliuya. The german firm denies responsibility for climate change impacts in the Peruvian Andes. In the written statement, the lawyers claim that RWE has no liability under German civil law. The claimant Saúl Luciano Lliuya expected such a reaction and is determined to pursue his case at the Essen Regional Court (Germany) in a hearing this autumn with his Hamburg lawyer Dr. Roda Verheyen: “RWE needs to take responsibility for its emissions. We in Peru have hardly made any contribution to climate change, but we live with the worst consequences.” >> mehr
Bild: Germanwatch Pressemitteilung
Pressemitteilung
24. November 2015

Peruvian farmer sues German utility RWE over dangers related to glacial melting

For the first time, a company responsible for climate change faces legal charges in Europe

Today, the Peruvian farmer and mountain guide Saúl Luciano Lliuya is filing a lawsuit against the German utility RWE at the Regional Court in Essen, Germany. The reason: The energy company’s immense emissions threaten his family, his property as well as a large part of his home city of Huaraz. Climate change has caused the glacial lake to quickly grow in size, making it a risk for the Andean city of 120,000. >> mehr

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"This Peruvian Man is Suing an Energy Company Over Climate Change" (Video by VICE News Tonight on HBO)

Saúl Luciano Lliuya, Huaraz/Peru

"I am happy to have become active and it overwhelms me how much interest and support I have received in my country and around the world. This gives me the courage and strength to move forward. Climate change affects all countries in the world. Therefore we have to stand up for justice."