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German Court Tosses Farmer's Case But Climate Groups Cheer 'Remarkable Precedent'
"This historic judgment lays the next building block in corporate climate accountability," said Jasper Tuelings of the Climate Litigation Network.
May 28, 2025
After a decade of legal proceedings, a German court on Wednesday dismissed a Peruvian farmer's case against energy giant RWE, but both he and green groups still hailed what they called a "landmark ruling" that launched a "new era of accountability" by "setting a powerful precedent."
The farmer, 44-year-old Saúl Luciano Lliuya, grows barley, corn, potatoes, and wheat outside Huaraz, Peru. In 2015, he sued RWE—one of Europe's biggest climate polluters—in Essen, Germany, where the company is headquartered. Although the German utility doesn't operate in Luciano Lliuya's country, he argued that its emissions contributed to the melting of Andean glaciers.
"He said that as a result, Lake Palcacocha—which is located above the city—now has four times as much water than in 2003 and that residents like him were at risk of flooding, especially if blocks of ice were to break off from Palcacocha glacier and fall into the lake, causing it to overflow," according to the BBC. The farmer sought around €17,000, or $19,000, from RWE toward a $3.5 million project to protect Huaraz.
As Reuters reported Wednesday:
Presiding judge Rolf Meyer, at the court in the western city of Hamm, said experts' estimate of the 30-year damage risk to the plaintiff's house of 1% was not enough to take the case further.
Had there been a larger adverse effect, a polluter could have been made to slash emissions or pay damages, Meyer said.
Meyer said the plaintiff's case was argued coherently and that it was "like a microcosm of the world's problems between people of the southern and the northern hemisphere, between the poor and the rich."
"Today the mountains have won," Luciano Lliuya said in a Wednesday statement. "Even if my case doesn't go any further, it has reached an important milestone, and that makes me proud. This ruling shows that the big polluters driving the climate can finally be held legally responsible for the harm they have caused."
"I am, of course, disappointed that the court reached a different conclusion from the glacier scientists who have studied this region for decades and believe my home is at risk," he continued. "We won't receive support from RWE to protect us from the flood risk. But this case was never just about me. It was about all the people who, like us in Huaraz, are already living with the consequences of a crisis we did not create. This ruling opens the door for others to demand justice."
The farmer's lawyer, Roda Verheyen, also framed the decision as a major step forward, saying that "today's ruling is a milestone and will give a tailwind to climate lawsuits against fossil fuel companies, and thus to the move away from fossil fuels worldwide. The plaintiff is grateful to the German courts for the seriousness with which his case was treated."
Other advocates and experts similarly weighed in. Ecojustice climate director Charlie Hatt declared that "this is a historic moment for climate litigation," while University of Oxford professor Thom Wetzer said that "this decadelong case has borne fruit," setting "a remarkable precedent that could enable future cases."
Jasper Tuelings, a strategic adviser with Climate Litigation Network, said that "this historic judgment lays the next building block in corporate climate accountability. Last year's Shell ruling showed us that big polluters have a legal obligation to reduce their future emissions in line with the Paris agreement—today's ruling affirms that these companies can be held accountable for their past emissions too."
The era of major polluters not having to pay for the environmental harms they cause is over. The case between Saul, a Peruvian farmer, and RWE, an energy giant, has shifted the landscape of climate justice. There are over 40 similar ongoing cases. Accountability is coming #SaulvsRWE
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— Friends of the Earth International (@foeint.bsky.social) May 28, 2025 at 8:10 AM
RWE, meanwhile, said in a statement that "the decision of the Hamm Higher Regional Court means that the attempt, supported by German NGOs, to use Mr Luciano Lliuya's lawsuit to create a precedent for holding individual companies responsible for the effects of climate change worldwide under German law has failed."
"RWE has always considered such civil 'climate liability' to be inadmissible under German law," RWE added, warning of "unforeseeable consequences for Germany as an industrial location," and noting that "other German courts have dismissed similar climate lawsuits—for example against Volkswagen, Mercedes-Benz, and BMW."
Despite the company's comments, climate advocates appeared undeterred. Sebastien Duyck, a senior attorney at the Center for International Environmental Law, said that "Saul's breakthrough opens up a well of opportunities for the more than 40 similar cases ongoing. It makes it more likely that those living at the sharp edge of climate change, such as Saul and his community, can succeed in holding heavy emitters to account for the damage they cause."
Friederike Otto, a senior lecturer at the Grantham Institute for Climate Change and the Environment, highlighted how science has evolved since Luciano Lliuya's case began a decade ago, which could impact ongoing and future legal proceedings.
"The science is absolutely clear... Human-induced climate change is already affecting weather and climate extremes in every region across the globe," Otto said, citing the Intergovernmental Panel on Climate Change. "This includes Saul's city of Huaraz and RWE contributed without any doubt to climate change."
"The precedent that this case has set underlines just how important scientific evidence is in the global fight against climate change," Otto added. "Since the case was filed 10 years ago, scientists have developed a large body of evidence showing how much companies and states can be held responsible for climate disasters. This is therefore a landmark moment for climate justice, ensuring that communities living in constant danger can hold carbon majors to account."
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2025 Goldman Prize Winners 'Serve as Powerful Reminders of What Is Possible'
"There's so much that worries us, stresses us, outrages us, and keeps us divided," said one foundation leader. "However, for me, these environmental leaders and teachers... are the antidote."
Apr 21, 2025
Seven grassroots Earth defenders from around the world were announced on Monday as the 2025 Goldman Environmental Prize winners.
"It's been a tough year for both people and the planet," said Jennifer Goldman Wallis, vice president of the Goldman Environmental Foundation, in a statement. "There's so much that worries us, stresses us, outrages us, and keeps us divided. However, for me, these environmental leaders and teachers—and the global environmental community that supports them—are the antidote."
"If we apply the same passion and logic that we use in the protection of our own families to our broader communities and ecosystems, then we will win," she continued. "In these difficult times for environmental activists, these seven individuals serve as powerful reminders of what is possible through determination, resilience, and hope."
Since 1989, the foundation has awarded the annual prize to individuals from the world's six inhabited continental regions "for sustained and significant efforts to protect and enhance the natural environment, often at great personal risk."
Africa: Semia Gharbi of Tunisia
Gharbi, a 57-year-old scientist and environmental educator, led a campaign against a corrupt waste trafficking scheme between Italy and Tunisia that led to the arrest of over 40 people from both countries and stronger European Union export rules.
Asia: Batmunkh Luvsandash of Mongolia
After being born to a nomadic herder family and working as an electrical engineer for construction and mining projects, 81-year-old Luvsandash used his expertise to fight to protect 66,000 acres of Dornogovi province from extractive activities.
Europe: Besjana "Besi" Guri and Olsi Nika of Albania
The efforts of Guri, a 37-year-old who trained as a social worker, and Nika, a 39-year-old biologist and aquatic ecologist, to safeguard the Vjosa River from a hydropower dam development led to Albania and Europe's first new national park protecting a wild river and its tributaries.
Islands: Carlos Mallo Molina of the Canary Islands
Mallo Molina, a 36-year-old born in mainland Spain, left his job as a civil engineer specializing in port construction to launch the conservation group Innoceana, which fought to protect the Canary Islands' marine ecosystem from the proposed Fonsalía Port.
North America: Laurene Allen of the United States
Allen, a 62-year-old clinical social worker, campaigned for the closure of the Saint-Gobain Performance Plastics plant in Merrimack, New Hampshire, and continues to fight for cleanup efforts and stricter regulations regarding per- and polyfluoroalkyl substances (PFAS), commonly called "forever chemicals" because they persist in the environment and people's bodies for long periods.
South and Central America: Mari Luz Canaquiri Murayari of Peru
Canaquiri Murayari is the 56-year-old president of the Kukama women's organization Asociación de Mujeres Huaynakana Kamatahuara Kanawon, which won a landmark Rights of Nature court ruling that granted legal personhood to the Marañón River.
This year's prize winners are set to be celebrated on Monday at an in-person and livestreamed ceremony in San Francisco, California, at 5:30 pm Pacific Daylight Time.
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'Chaos': Peru Declares Environmental Emergency Over Oil Spill
"So far, we have not had any response from the oil company," said one fisherman whose livelihood has been threatened by the accident.
Dec 27, 2024
At least seven beaches and the safety of local wildlife have been impacted by an oil spill in northern Peru, said the South American country's Environmental Assessment and Oversight Agency on Thursday as the government declared an environmental emergency.
The environmental watchdog, known as OEFA locally, said in a preliminary report that about 10,000 square meters of surface seawater have been contaminated by the crude oil, which spilled from a vessel at a terminal of the Talara refinery.
Petroperu, the state-owned oil company, was preparing to load the oil onto a tanker when the spill was detected at Las Capullanas beach.
The company has not disclosed exactly how much oil spilled, but OEFA said it has extended over an area of 116-566 acres. Petroperu has also not stated the cause of the accident.
Petroperu told Reuters it has coordinated with the fishermen's union, but fisherman Martin Pasos told the local radio station RPP that he has heard little from the company about when he will be able to resume his work.
"We have not been able to go out for six days now," Pasos said. "It is chaos, what happened in Lobitos. So far, we have not had any response from the oil company."
Petroperu said Wednesday it had deployed clean-up crews as soon as the spill was detected earlier this week and that the cleaning of six beaches in Talara province was almost done.
Authorities were directed under the environmental emergency to carry out recovery and remediation work over the next 90 days.
Infobae reported that Petroperu was "minimizing" the damage as local authorities expressed concern over the safety of "turtles, crabs, octopuses, and fish [that] have been seriously harmed by contact with the spilled oil."
On Sunday, shortly after the spill, the public prosecutor's office launched an investigation into Petroperu's alleged criminal environmental contamination.
Rocío Silva-Santisteban, a poet, activist, and former member of Peru's Congress, noted that "it is not the first time that Petroperu has polluted."
"Since 2014 in Cuninico, Loreto, oil spills have been occurring, affecting the health of animals and people," said Silva-Santisteban. "This has been an ecocide!"
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