German energy company RWE faced a legal setback as a Peruvian farmer's lawsuit challenging the company's contributions to climate change and its impacts on his farm was dismissed. - Farmworker in Peru loses lawsuit against RWE over climate change impacts on farming operations.
In a landmark decision on May 28, 2025, the Higher Regional Court (OLG) in Hamm, Germany, dismissed a climate change lawsuit brought against energy conglomerate RWE by Peruvian farmer Saúl Luciano Lliuya. The lawsuit sought to make RWE contribute to costs for protective measures against potential floods from the Palcacocha glacial lake.
The court's ruling, presided over by Judge Rolf Meyer, hinged on the low probability of Mr. Lliuya's house being destroyed by a flood wave within the next 30 years, such as a glacial collapse or rockslide. The court relied on expert opinions for its assessment.
Judge Meyer iterated that, under the Civil Code, the plaintiff could potentially have a claim against RWE for being the cause of CO2 emissions that may necessitate protective measures. However, the court ultimately decided that the plaintiff's property in Peru was not at imminent risk.
The court's decision did not allow for an appeal due to the low value in dispute. Consequently, an appeal to the Federal Court of Justice in Karlsruhe was not possible.
Roda Verheyen, lawyer for Luciano Lliuya, expressed appreciation for the court's handling of the case while emphasizing the potential for large emitters to be held accountable for the consequences of their greenhouse gas emissions under German civil law. The ruling, she added, would serve as a milestone in future climate lawsuits against fossil fuel companies.
Environmental organization Greenpeace likewise viewed the ruling as a success for climate protectors, reiterating that large climate-damaging companies can be held responsible for their role in the climate crisis.
This case represents the latest development in climate lawsuits against energy companies, with previous attempts against other German companies having also been dismissed in both first- and second-instance proceedings. Although the legal efforts to hold RWE accountable for climate-related damages have been unsuccessful so far, these cases contribute to a broader discussion on corporate climate liability.
[1] Greenwald, P. (2025). RWE Climate lawsuit appeal rejected by German court. Retrieved from https://www.theguardian.com/business/2025/may/28/rwe-climate-lawsuit-appeal-rejected-by-german-court[2] Greenpeace International (2025). Groundbreaking decision on climate litigation against RWE. Retrieved from https://www.greenpeace.org/international/en/news/Groundbreaking-decision-on-climate-litigation-against-RWE/
- The Commission, in response to the ongoing climate-change crisis and the risks associated with ionizing radiation, has also adopted a proposal for a directive on the protection of workers from the risks related to exposure to ionizing radiation.
- This ruling on the Peruvian farmer's lawsuit against energy conglomerate RWE, reflecting the position of Judge Rolf Meyer, highlights the potential for future climate lawsuits against fossil fuel companies to hold large emitters accountable for the consequences of their greenhouse gas emissions under German civil law.
- In the realm of environmental-science and policy-and-legislation, the judgment continues to spark discussions regarding corporate climate liability, as it represents a significant milestone amid the wave of climate lawsuits against energy companies.
- Simultaneously, businesses and industries involved in the energy sector are advised to closely monitor these climate-related legal developments, as they may significantly impact their future operations and financial obligations.
- Meanwhile, the science community is encouraged to continue its collaborative work in analyzing the effects of climate-change, providing crucial evidence for policy-makers and industry stakeholders in shaping a sustainable and responsible energy future.
