Huaraz Archive - Stiftung Zukunftsfähigkeit

Climate lawsuit against RWE in decisive phase: On-site meeting with experts in Peru concluded

Silke Schnellhardt — Fri, 15 Jul 2022 12:40:59 +0000

Climate case of a Peruvian farmer and mountain guide against German energy company RWE at the Higher Regional Court of Hamm: judges and experts travelled to Peru / experts examined the danger of a possible flood wave for the plaintiff’s house

Huaraz, July 2022: The climate lawsuit of the Peruvian Andean farmer and mountain guide Saúl Luciano Lliuya against the energy company RWE has entered the decisive phase six and a half years after the lawsuit was filed: After a long delay, especially due to the Corona pandemic, a site visit took place in May in the Andean city of Huaraz. Judges of the Higher Regional Court (OLG) of Hamm (Germany), legal advisors and experts travelled to Peru to examine whether the plaintiff’s house is threatened by a possible flood wave from the glacier lake Palcacocha above the city. The entire danger zone in Huaraz actually covers an area where around 50,000 people live.

The plaintiff is pleased that the proceedings, which have attracted worldwide attention, are now picking up speed again: “I hope that the judges and also the representatives of RWE have realised through their visit the ever-increasing risk we are exposed to here. The question for us is not whether a flood wave is imminent, but when and how badly it will hit us. I look forward to hearing the experts’ assessment.”

Climate change in the Andes has caused the glacial lake to grow 34 times in volume since 1970. According to earlier studies, it is increasingly likely that large pieces of ice and rock will fall into the lake in the face of thawing permafrost and melting glaciers. A resulting flood wave would have devastating consequences for the plaintiff’s family and the residents of Huaraz, according to the plaintiff’s lawyers.

The case sets a precedent for whether, in the face of the climate crisis, the world’s largest emitters must proportionately fund protection and compensation for risks and damages to people affected by the consequences. Research that can attribute damages to global climate change has made great progress in recent years.

Luciano Lliuya’s lawyer, Roda Verheyen: “I am happy for my client that a decision in the matter is finally pending. The evidence taken is overwhelming. We hope that there will now be a quick further trial and judgement so that the necessary protective measures can finally be started.“

Christoph Bals, Policy Director of the environmental and development organisation Germanwatch, which has supported Luciano Lliuya’s lawsuit since the beginning: “It was moving to see how the case is now supported by the regional government, the national park and in the surrounding villages. The case is already a globally relevant precedent: whoever harms others through large amounts of released greenhouse gases bears responsibility for the damage – given the global impact of the CO2 released here, also in the global neighbourhood. If the scientific evidence in this case can now also be presented, this will have considerable consequences for justice, politics and financial markets worldwide.”

After this stage of the evidentiary hearing, the expert opinion and an interim decision in this important test case are now expected soon.

Further information on the climate lawsuit against RWE as well as photo and film material for media coverage at: https://rwe.climatecase.org/en

At the beginning of the proceedings, the German Foundation “Stiftung Zukunftsfähigkeit” committed to cover all costs incurred by the plaintiff in this precedent-setting case and regularly calls for donations for this purpose.

Photo credits: Walter Hupiu Tapia / Germanwatch e.V.

Der Beitrag Climate lawsuit against RWE in decisive phase: On-site meeting with experts in Peru concluded erschien zuerst auf Stiftung Zukunftsfähigkeit.

Court taking evidence in Peru for RWE case

Silke Schnellhardt — Fri, 01 Apr 2022 10:09:48 +0000

The RWE case is finally moving forward: in summer, the Higher Regional Court of Hamm will conduct a site visit to Huaraz. The visit had been delayed since 2019 due to the COVID 19 pandemic. In Peru, judges and court-appointed experts will examine the risk of glacial lake outburst flood affecting the plaintiff Saúl Luciano Lliuya’s house.

Saúl Luciano Lliuya is content that the case is finally moving on:

“The mountains are losing their glaciers before our eyes and too little is being done to stop it. This lawsuit contributes toward an effort against glacier melt and climate change. The court will now determine whether major emitters must take responsibility. I hope that through their visit to Peru, the judges will understand the consequences that climate change is causing for us.”

His lawyers Dr. Roda Verheyen and Clara Goldmann as well as employees of Germanwatch and Stiftung Zukunftsfähigkeit will support Saúl Luciano Lliuya during the site visit.

Later, the court plans to appoint additional expert to examine the extent to which climate change and the CO2 emissions released by RWE have contributed to the risk of flooding affecting Luciano Lliuya’s house.

While RWE’s lawyers have argued that there is insufficient evidence to prove liability, the plaintiff draws on a groundbreaking study by scientists at the Universities of Oxford and Washington. It shows that arout 95% of the glacier melt at Lake Palcacocha above the plaintiff’s property is due to anthropogenic climate change. Glacier retreat in the Andes is a serious cause for concern. In 1941, the same glacial lake caused a flood in Huaraz with at least 1800 fatalities. According to scientists, that disaster could already be attributed to climate change.

The RWE case already made legal history in 2017 when it entered the evidentiary phase. Judges at the Higher Regional Court of Hamm ruled that the lawsuit was legally admissible. In principle, according to the judges, it is possible to hold major emitters accountable for their contribution to climate change impacts. A ruling is expected in 2023.

Photo: Saúl Luciano Lliuya in the streets of Huaraz (Credits: Walter Hupiu Tapia / Germanwatch)

Stiftung Zukunftsfähigkeit covers funds for court, attorney and court-appointed experts. It is calling for donations to support the evidentiary phase and is happy to receive support.

Der Beitrag Court taking evidence in Peru for RWE case erschien zuerst auf Stiftung Zukunftsfähigkeit.

Short report on the results of the COP26 in Glasgow

Silke Schnellhardt — Mon, 21 Feb 2022 08:14:45 +0000

Ambitious implementation of Paris is now on the agenda

„Glasgow had two faces“

Glasgow, Nov. 2021: Klaus Milke as Chairman and Noah Walker-Crawford from the Board of Trustees were on the ground in Glasgow for almost the entire duration of the important COP26 climate conference on behalf of Stiftung Zukunftsfähigkeit. So was also Christoph Bals as Chairman of the Board of Trustees active in Scotland, but mainly as Political Director and Head of Delegation of the very present Germanwatch team.

One of the main strands of interest was the debate around litigation (climate claims) with the Huaraz civil case. Another strand was activities of the international G20 foundation platform „Foundations 20“.

The outcome of the climate conference in Scotland disappointed many – especially young people and those in the most vulnerable countries.

The 1.5 degree limit is now the starting point for all states, which was not the case in Paris at the end of 2015, but – all announcements taken together and implemented – we would currently shoot far beyond 2 degrees. Moreover, the weakest and most vulnerable states are not getting the required support for the damage and casualties they already face.

„The other side of the coin of COP 26, however, was the enormously visible departure for new ambitious initiatives and diverse ambitious cooperations – completely independent of the negotiations. That gives us hope!“ said Klaus Milke.

„It is also unbelievable how many climate lawsuit cases there are now and what a boost the approach of climate lawsuits has worldwide,“ adds Noah. „To that end, there have never been so many people at a climate conference. And the Huaraz case of Saúl Luciano Lliuya is mentioned everywhere as one of the most significant ongoing cases.“

The climate lawsuits are directly related to the difficult official negotiations because they make clear that adequate acceptance of responsibility for the impacts of human-induced climate change is far from settled. New findings in climate science are showing with increasing clarity who has contributed most to climate change and where the worst consequences are being felt. „After all, it can’t be right that the poorest of the poor all over the world have to claim their rights so that justice can be done for them.“ – Klaus Milke and Noah Walker-Crawford state.

(Eckart von Hirschhausen and Noah Walker-Crawford
in a virtual talk with Saúl Luciano Lliuya
at COP26 in Glasgow)

Der Beitrag Short report on the results of the COP26 in Glasgow erschien zuerst auf Stiftung Zukunftsfähigkeit.

Study supports climate litigation claim against RWE: Human-made emissions are responsible for glacial flood risk in the Andes

Silke Schnellhardt — Wed, 10 Feb 2021 08:39:31 +0000

Independent scientific study by researchers from the University of Oxford and University of Washington offers a clear conclusion: Human activity has caused at least 85% of warming that led to glacial retreat above Huaraz

Huaraz/Bonn, 4 Feb 2021: The Coronavirus pandemic has delayed the collection of evidence in the trial between the Peruvian farmer Saúl Luciano Lliuya and RWE at the Upper State Court in Hamm. Nevertheless, a new scientific study is providing credence to the legal claim: a prestigious team of researchers has used climate models to demonstrate that the risk of glacial lake flooding affecting the city of Huaraz is almost entirely due to anthropogenic climate change. The article was published today by scientists from the University of Oxford and University of Washington in the journal Nature Geoscience. According to press releases from the universities, human activities are responsible for at least 85% of warming in the region. Furthermore, the study finds with over 99% certainty that glacial retreat which has caused a risk of flooding cannot be explained by natural variability alone.

This study, which was conducted independently of the legal process at the German court, confirms arguments from the plaintiff Saúl Luciano Lliuya and his lawyer Dr. Roda Verheyen (Hamburg). Luciano Lliuya is relieved that researchers are providing such clear statements: “Once again, the science is showing us how human-made climate change is causing glacial retreat and leading to great dangers for us. This study helps us understand what the problem is and who should take responsibility.” The small-scale farmer and mountain guide has been involved in a civil claim against RWE since 2015. He demands that the company help pay for protection measures against flood risk in accordance with its contribution to global warming, amounting to around 0.5%. After the court found the claim to be legally admissible in late 2017, the case moved into the evidentiary stage. The judges are currently planning a visit to the lake in Peru with court-appointed experts.

Dr. Roda Verheyen, Saúl Luciano Lliuya’s lawyer, explains: “This is an independent scientific study in which we were not involved. We will carefully examine the study’s astonishingly clear results and likely introduce it into the legal proceedings as evidence. I am happy for my client who has already waited years for a verdict while the defendant has tried to slow down the process, even before the pandemic.”
The Stiftung Zukunftsfähigkeit (Foundation for Sustainability) is covering all the plaintiff’s costs in this precedent-setting claim and is collecting donations. The environmental and development organization Germanwatch is supporting this claim due to its great relevance for those who are threatened by the climate crisis worldwide. Klaus Milke, Chairman of the Foundation and Honorary Chairman of Germanwatch, says: “The science is demonstrating ever more precisely the dramatic impacts of the ongoing climate crisis. This study from independent researchers offers valuable evidence to draw a causal chain between RWE’s emissions and climate change impacts in the Andes. In the future, similar studies could enable new claims that hold other greenhouse gas emitters to account.”

Der Beitrag Study supports climate litigation claim against RWE: Human-made emissions are responsible for glacial flood risk in the Andes erschien zuerst auf Stiftung Zukunftsfähigkeit.