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German Appeals Court Dismisses Peruvian Farmer’s Climate Suit but Affirms Emitter Liability

The Oberlandesgericht Hamm ruled the flood risk to Saúl Luciano Lliuya’s home was below 1%, yet held that major CO₂ emitters can be duty-bound to fund climate protections;

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Overview

  • The court found the probability of Palcacocha lake flooding Lliuya’s Huaraz house in the next 30 years at under 1% and denied his claim for protective-measure costs.
  • Judges emphasized that firms like RWE can in principle be required to mitigate climate impacts regardless of where their power plants are located.
  • The eight-year litigation involved multiple expert reports, a 2022 on-site inspection in Peru and accrued legal and assessment expenses of about €800,000.
  • Lliuya’s attorney, Roda Verheyen, described the decision as a milestone that will encourage similar climate liability cases against major polluters.
  • The court rejected RWE’s argument that individual emitters such as motorists could be held liable, noting their contributions are too minimal to establish causation.