The China Mail - Peru farmer in German court battle with energy giant

USD -
AED 3.672504
AFN 66.265317
ALL 82.40468
AMD 381.537936
ANG 1.790403
AOA 917.000367
ARS 1449.250402
AUD 1.508523
AWG 1.8025
AZN 1.70397
BAM 1.670125
BBD 2.014261
BDT 122.309039
BGN 1.670704
BHD 0.377951
BIF 2957.004398
BMD 1
BND 1.292857
BOB 6.910892
BRL 5.541304
BSD 1.000043
BTN 89.607617
BWP 14.066863
BYN 2.939243
BYR 19600
BZD 2.011357
CAD 1.37965
CDF 2558.50392
CHF 0.79556
CLF 0.023213
CLP 910.640396
CNY 7.04095
CNH 7.033604
COP 3808
CRC 499.466291
CUC 1
CUP 26.5
CVE 94.159088
CZK 20.779904
DJF 178.088041
DKK 6.380104
DOP 62.644635
DZD 130.069596
EGP 47.704197
ERN 15
ETB 155.362794
EUR 0.853804
FJD 2.283704
FKP 0.747615
GBP 0.747496
GEL 2.68504
GGP 0.747615
GHS 11.486273
GIP 0.747615
GMD 73.000355
GNF 8741.72751
GTQ 7.663208
GYD 209.231032
HKD 7.78155
HNL 26.346441
HRK 6.434404
HTG 131.121643
HUF 330.190388
IDR 16697
ILS 3.20705
IMP 0.747615
INR 89.57735
IQD 1310.106315
IRR 42100.000352
ISK 125.630386
JEP 0.747615
JMD 160.018787
JOD 0.70904
JPY 157.75804
KES 128.909953
KGS 87.450384
KHR 4013.492165
KMF 420.00035
KPW 900.011689
KRW 1475.760383
KWD 0.30723
KYD 0.83344
KZT 517.535545
LAK 21660.048674
LBP 89556.722599
LKR 309.636651
LRD 177.012083
LSL 16.776824
LTL 2.95274
LVL 0.60489
LYD 5.420776
MAD 9.166901
MDL 16.930959
MGA 4548.055164
MKD 52.559669
MMK 2100.050486
MNT 3553.222489
MOP 8.015542
MRU 40.023056
MUR 46.150378
MVR 15.450378
MWK 1734.170189
MXN 18.033704
MYR 4.077039
MZN 63.903729
NAD 16.776824
NGN 1460.160377
NIO 36.804577
NOK 10.138704
NPR 143.372187
NZD 1.737016
OMR 0.385423
PAB 1.000043
PEN 3.367832
PGK 4.254302
PHP 58.571038
PKR 280.195978
PLN 3.59225
PYG 6709.363392
QAR 3.641038
RON 4.335404
RSD 100.004038
RUB 80.695957
RWF 1456.129115
SAR 3.750651
SBD 8.146749
SCR 15.161607
SDG 601.503676
SEK 9.268304
SGD 1.293304
SHP 0.750259
SLE 24.050371
SLL 20969.503664
SOS 570.513642
SRD 38.441504
STD 20697.981008
STN 20.921395
SVC 8.750267
SYP 11058.582789
SZL 16.774689
THB 31.425038
TJS 9.215661
TMT 3.5
TND 2.927287
TOP 2.40776
TRY 42.746504
TTD 6.787925
TWD 31.518904
TZS 2495.196618
UAH 42.285385
UGX 3577.131634
UYU 39.263908
UZS 12022.543871
VES 282.15965
VND 26312.5
VUV 120.938943
WST 2.787822
XAF 560.144315
XAG 0.014892
XAU 0.000231
XCD 2.70255
XCG 1.8024
XDR 0.69664
XOF 560.144315
XPF 101.840229
YER 238.403589
ZAR 16.77901
ZMK 9001.203584
ZMW 22.626703
ZWL 321.999592
  • SCS

    0.0200

    16.14

    +0.12%

  • CMSC

    -0.1200

    23.17

    -0.52%

  • CMSD

    -0.0300

    23.25

    -0.13%

  • JRI

    -0.0500

    13.38

    -0.37%

  • RBGPF

    0.0000

    80.22

    0%

  • NGG

    -0.2800

    76.11

    -0.37%

  • GSK

    0.3200

    48.61

    +0.66%

  • RIO

    0.6900

    78.32

    +0.88%

  • BTI

    -0.5900

    56.45

    -1.05%

  • BCC

    -2.9300

    74.77

    -3.92%

  • BCE

    -0.0100

    22.84

    -0.04%

  • AZN

    0.7500

    91.36

    +0.82%

  • RELX

    0.0800

    40.73

    +0.2%

  • VOD

    0.0400

    12.84

    +0.31%

  • RYCEF

    0.2800

    15.68

    +1.79%

  • BP

    0.6300

    33.94

    +1.86%

Peru farmer in German court battle with energy giant
Peru farmer in German court battle with energy giant / Photo: © AFP

Peru farmer in German court battle with energy giant

A Peruvian farmer faces off in a German court Monday in a "David and Goliath" battle against an energy giant, demanding the firm pay for climate change damage.

Text size:

Saul Luciano Lliuya, 44, argues that electricity producer RWE -- one of the world's top emitters of climate-altering carbon dioxide -- must share the cost of protecting his hometown Huaraz from a swollen glacier lake at risk of overflowing from melting snow and ice.

He wants the German company to pay 17,000 euros ($18,400) towards flood defences for his community, arguing that the fossil fuels the firm uses to generate electricity make it partly responsible for the flood risk.

"What I am asking is for the company to take responsibility for part of the construction costs," he said at a press conference in Lima earlier this month.

"I have full confidence in these processes."

However much confidence Lliuya has in proceedings, they have moved at a glacial pace.

He first filed a lawsuit in 2015 but a court in the western German city of Essen, where RWE is headquartered, dismissed it the following year.

However, in 2017 a higher court in the city of Hamm, also in western Germany, allowed an appeal.

After a delay due to the Covid pandemic, hearings are scheduled from Monday to Wednesday, and Lliuya will be attending.

"I would never have thought that it would all take so long," Lliuya told Germanwatch, a German environmental NGO supporting him in the case.

- 'Fair contribution' -

The hearing will ask if Lliuya's property in Peru's Ancash region is at substantial risk of flooding, examining evidence collected by court-appointed experts who travelled to the area in 2022.

If confirmed, a subsequent hearing would look at the question of RWE's responsibility.

Lliuya bases his claim on a 2014 study that concluded RWE was responsible for 0.47 percent of all global carbon emissions since the start of the industrial era.

RWE, which has never operated in Peru, should pay that share of the 3.5 million euros it would cost to lower the waters of Lake Palcacocha, he says.

Founded in 1898, RWE power plants today use a variety of power sources including solar, wind, gas and coal.

"It is time for companies like RWE to make a fair contribution to the costs of the damage they have helped to cause," said Francesca Mascha Klein, legal officer at Germanwatch.

RWE says a court ruling in favour of Lliuya would set a precedent of holding people responsible under German law for actions that have environmental consequences far outside the country.

"We think that is legally inadmissible and the wrong way to address this issue socially and politically," a spokesman said.

Dismissing the case in 2015, the Essen court said that it was impossible to draw a link between particular emissions and particular damage.

The Hamm hearing might be the first stage towards overturning that opinion at a time when 43 climate-damage cases are ongoing worldwide, according to Zero Carbon Analytics, a not-for-profit research group.

Freshfields Bruckhaus Deringer, the law firm representing RWE, says that there could be major implications: "The sum in dispute may be less than 20,000 euros. But the precedent-setting potential is clear."

I.Taylor--ThChM--ThChM