LIMA, Peru — A significant climate lawsuit is unfolding in Germany. A Peruvian farmer named Saul Luciano Lliuya is taking on a major energy company, RWE, over threats posed by a dangerous mountain lake. This lake, Palcacocha, has swollen to 35 times its usual size due to glacier melting. If it overflows, it could destroy Lliuya’s home and threaten around 50,000 other lives in his hometown of Huaraz.

Lliuya, 45, lives in the Andes, where rapidly receding glaciers are a stark reality. In fact, Peru is home to 70% of the world’s tropical glaciers, and they are vanishing quickly. To protect himself, Lliuya is using a unique German property law to hold RWE accountable. The company, known for its coal-powered plants, has been identified as responsible for 0.47% of global carbon emissions since its founding in 1898. Lliuya is seeking $18,000, about 0.47% of the estimated cost to build a protective dyke.
This case is groundbreaking. It’s the first of nearly 50 climate-related lawsuits happening globally, including one in Hawaii against major oil companies like Chevron and ExxonMobil. While the verdict might not set a legal precedent for other countries, it offers a possible template for similar cases around the world.
RWE, which has no operations in Peru, claims it cannot be held responsible for climate change, arguing that it is a worldwide issue influenced by many factors. They caution that if they are found liable, ordinary drivers could also be sued for their vehicles’ emissions. RWE insists that climate issues need to be addressed through policy changes, not through the court system.
The stakes are high for the residents of Huaraz. In 1970, a devastating earthquake led to a landslide that killed around 25,000 people. Today, climate change poses even more immediate risks. Communities are faced with dwindling water supplies, toxic streams filled with heavy metals previously hidden by ice, and unpredictable weather affecting agriculture.
Lliuya shares the fear that grips his community. "It is scary," he said. "Even the rivers that pass through the city have risen. The lake’s levels have risen. People are very worried." Francesca Mascha Klein, a lawyer from Germanwatch supporting Lliuya’s case, emphasizes the urgency: "No one should live in fear of losing their home due to the climate crisis."
As this pivotal case unfolds in Hamm, Germany, it highlights the increasing intersections between environmental science, law, and global accountability. With climate change impacting communities worldwide, the outcome could resonate far beyond the courtroom.
For more on climate-related litigation, visit Climate Case Chart.