German Landmark Climate Change Litigation Case Continues

A Peruvian farmer's climate action lawsuit against a German energy company was continued last Monday and yesterday before the Higher Regional Court in Hamm, Germany. The farmer wants the energy company to pay the cost of protecting him against the dangers posed by a glacial lake that threatens to overflow due to global warming, to the extent of its share of global CO2 emissions.

According to press reports, the subject of this week's hearings was the question of the extent to which the farmer's property is actually exposed to a threat from the lake. In a second step, the Higher Regional Court of Hamm will examine whether the CO2 emissions of the energy company are responsible for the increase in the lake's water level. The Court of First Instance dismissed the action without taking evidence.

If successful, the Peruvian farmer's lawsuit would have far-reaching consequences for all major CO2 emitters in Germany. The energy company could have any decision of the Higher Regional Court of Hamm in favor of the Peruvian farmer reviewed by the German Federal Court of Justice.

This case must be seen in connection with similar lawsuits against oil companies in the Netherlands (see Landmark Climate Change Case Overturned) and the United States. We will continue to watch this case and to provide updates.