Bogota, Colombia (AP) – As a decisive climate sunin in Germany, it is an expert that the case of the Peruvian farmer Saul Luciano Lliuya against the German Energian RWE could set a considerable precedent for climate change in the fight.
“This is one of the first cases of his art, which was submitted directly by someone who is directly affected by climate change against a large greenhouse gas emitter, who made it until the court proceedings,” said Noah Walker-Crawford, a scientific fellow at London economics and a consultant by the non-profit German Lat, the Lliuya.
Lliuya’s lawsuit against RWE argues that the company’s historical greenhouse gas emissions have accelerated global warming and the accelerated glacier melt over his hometown Huaraz, Peru. As a result, the Palcacocochase swelled to dangerous level and endangered the community with the risk of catastrophic floods.
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RWE, which has never been operated in Peru, denies legal responsibility and argues that climate change is a global topic caused by many participants.
Worry about melting glaciers
“It is very sad and painful to see how the glaciers melt,” said 45 -year -old Lliuya in a video call from Germany to Associated Press. “There is a lot of concern for people in my community about the future, about the topic of water, since all rivers that come from the mountains are used for agriculture.”
Walker-Crawford said all of these cases all over the world, this is the one who is the most away.
“It has already set a partial precedent when the courts made it permissible in 2017, which means that the judges said that the case was legally legally,” he said. “Now the court hears evidence and we will determine whether the company’s responsibility can be demonstrated in this special case.”
Sebastien Duyck, a senior lawyer at the Center for International Environmental Law, says that the reason why the case is so important is not the decision itself or the amount of the damage asked, but the precedent that he would determine.
“If we could use an unauthorized legal law to say that every company can be liable for fossil fuels that have contributed significantly to climate change in relation to their emissions liable for climate medical costs, this could open the door worldwide,” he said.
Case could be a “game changer”
According to Murray Worthy, the case could be a “Game Changer” by Zero Carbon Analytics, a research group for climate change.
“This case is absolutely crucial,” said Worthy.
RWE is one of the largest energy companies in Germany that are historically recognized as the main producer of electricity from fossil fuels.
RWE says that the lawsuit is legally inadmissible and is a dangerous precedent by blaming individual emitters for global climate change.
“In our opinion, there is no legal basis for keeping individual issuers for global phenomena such as climate change. In our opinion, due to the large number of global emissions of greenhouse gases from natural and human sources as well as the complexity of the climate, it is not possible to write down a single issuer legally specific effects of climate change, ”the company said as a response to questions that were asked by AP.
The company insists that climate protection solutions should be treated by state and international guidelines and not by the courts.
Walker-Crawford said that the court entered the phase of evidence and examines whether the Lliuya house is actually a significant risk of flooding.
“If the court decides that the risk is high enough, it will be evaluated whether RWE’s emissions can be scientifically associated with this risk,” he said.
Regardless of the final result of the case, Walker-Crawford said that it will probably increase the legal basis for future lawsuits.
“Even if the specific risk is not considered high enough in this case, the precedent that companies can be liable for their climate effects would be liable,” he said.
The result of the case could also have financial effects.
Climate disputes could affect the financial markets
“We are already starting to see the effects of climate disputes on the financial markets,” said Walker-Crawford. “Investigations have shown that climateists have a negative impact against companies against major hurdles, the stock market value of the sued companies. Investors assume that the considerable legal disputes of financial liability can occur. “
Lliuya, who also works as a mountain guide for tourists, said he started the lawsuit with little hope. This hope has grown ten years later.
“When the German judges visited my home and the lake in 2022, I had hope – hope that our voices were heard and that justice could be possible,” he said.
The hearing begins on Monday.
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Franklin Briceno in Lima, Peru, contributed to this report.
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