The lawsuit against German energy company RWE, initiated by Saúl Luciano Lliuya, aimed at holding corporations accountable for climate change-induced damages. The case originated from a 1941 flood caused by a landslide from the Palcaraju Glacier, threatening the currently populated town of Huaraz. Although Lliuya presented evidence of a 30% risk of a glacial lake outburst flood, the court found the risk insufficient, dismissing the case entirely without appeal. This ruling highlights the complex relationship between geographic risk assessment and liability in climate litigation.
The Higher Regional Court of Hamm ruled that greenhouse gas-emitting corporations may be liable for climate-induced damages, including those occurring across the globe. This case represents a significant precedent in climate litigation.
Lliuya built a dike to protect against a potential glacial lake outburst flood resulting from the melting Palcaraju Glacier. He sought compensation from RWE based on its contribution to global emissions.
Despite scientific evidence of a 30% chance of a GLOF within the next 30 years presented by Lliuya's experts, the court's experts estimated the risk at only 1%, leading to the dismissal of the suit.
Noah Walker-Crawford noted that Lliuya's geographical location—being 50 feet from the river—contributed to the court's decision to dismiss his case, demonstrating the challenges faced by climate litigators.
#climate-change #climate-litigation #environmental-law #greenhouse-gas-emissions #glacial-lake-outburst-floods
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