How One Farmer's Climate Lawsuit Could Lead To A Win For The Planet

Forbes

01-06-2025

17 March 2025, North Rhine-Westphalia, Hamm: Peruvian mountain farmer and mountain guide Saul ... More Luciano Lliuya (r) arrives at the Higher Regional Court for the hearing of his climate lawsuit against energy company RWE and talks to journalists. Geoscientists and structural engineers appointed by the court are to present their expert opinions. The issue at stake is the danger posed to the plaintiff's house in South America by a tidal wave or mudslide. The plaintiff accuses the German company of being partly responsible for climate change due to the CO2 emissions it produces. Photo: Rolf Vennenbernd/dpa (Photo by Rolf Vennenbernd/picture alliance via Getty Images)
A farmer's climate lawsuit is a win for the planet. Recently, a German court quietly ended a landmark legal battle that had spanned nearly a decade. In Lliuya v. RWE, a Peruvian farmer and mountain guide, Saúl Luciano Lliuya, sued Germany's largest utility company, RWE, over its historic carbon emissions and the resulting impact on his hometown of Huaraz.
Though the Higher Regional Court of Hamm ruled against Lliuya, stating that he had not sufficiently demonstrated imminent danger or direct causation, the case represents something far more significant than a legal loss. It marks another pivotal moment in the evolving global discourse on climate accountability, climate justice, and how courts will address the issue of liability in an era of planetary risk.
Lliuya first went to court in 2015. He claimed that glacial melt driven by global warming had swollen a lake above his town, threatening a catastrophic flood. He asked RWE, a company responsible for roughly 0.47% of global historical emissions, to pay for protective measures proportional to its emissions. It was a novel request, but one that resonated with growing legal and ethical arguments about polluters' responsibilities to communities on the frontlines of climate change.
HUARAZ, PERU - MAY 23: Saul Luciano Lliuya (41), Peruvian farmer and mountain guide who filed a ... More lawsuit against the German electricity consortium RWE, visits the lake Palcacocha in Huaraz, Peru on May 23, 2022. (Photo by Angela Ponce for The Washington Post via Getty Images)
In many ways, this case echoed others around the world, including youth-led lawsuits like Held v. Montana. In that case, a state court ruled that Montana had violated young residents' constitutional right to a clean and healthful environment by promoting fossil fuel development. While Lliuya v. RWE did not secure a similar victory, it represents a similar trend of individuals and communities using the legal system to seek remedy and accountability in the face of government inaction and corporate pollution.
Climate litigation of this kind presents unique legal challenges. How do courts trace global emissions back to individual corporations? Can one company be held liable for incremental damage when the crisis is collective?
The court in Lliuya v. RWE essentially said no, at least not with the evidence presented. But the fact that the case advanced as far as it did is noteworthy. Most climate lawsuits do not survive procedural hurdles, let alone reach a stage where climate science and corporate responsibility are discussed in depth.
This case forced a European court to consider whether a corporation could be liable for climate-related damage across borders. Even without a favorable ruling, the legal framework it helped shape may influence other jurisdictions. Just as U.S. courts are beginning to take youth-led climate lawsuits more seriously, international courts may one day revisit Lliuya's argument with a different outcome.
The decision may be a disappointment to many climate advocates, but it is not a dead end. It is a milestone in what some legal scholars call "strategic litigation.' This is the use of the legal system not just to win individual cases, but to influence policy, raise awareness, and build momentum for broader change.
The RWE decision also arrives at a moment of heightened scrutiny for corporate climate commitments. Even as some fossil fuel companies tout their decarbonization plans, many continue to invest heavily in fossil infrastructure.
Policymakers and regulators now have an opportunity to step in where courts have hesitated. The legal questions raised by Lliuya's lawsuit could inform new laws or treaties addressing transnational environmental harm. As the world approaches COP30 and new rounds of climate finance negotiations, Lliuya's effort may serve as a moral and rhetorical guidepost.
The Higher Regional Court of Hamm may have ruled against Saúl Luciano Lliuya, but the larger movement for corporate climate accountability has gained steam. As Lliuya's case moved along in Peru, activists in Canada pushed for stronger climate disclosure standards. The legislative measure failed, but the Canadian courts issued a ruling in favor of youth climate litigants alleging government responsibility for climate change impacts. Both groups vowed to fight on, 'We were significantly disappointed with Canada's first-ever sustainability disclosure standards released last month. These new regulations are a welcome step forward, but they still fail to respond to crucial problems for our specific context in Canada. In 2025, we will continue the fight for strong sustainable finance regulation that meets international standards.'
If nothing else, Lliuya's decade-long fight reminds us that the climate crisis is personal, political, and legal. Each lawsuit, whether it ends in victory or not, helps redraw the boundaries of responsibility. In that sense, this case was never just about a glacial lake in Peru. It was about charting new paths to justice on a warming planet.