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13 Nov 2017

Peter Wirth & Michelle Fitzpatrick, AFP & Digital Journal

Germany: Lawsuit regarding RWE's alleged climate change contribution to move forward, says appeal court

"Peruvian farmer scores small win in court over German energy giant", 13 Nov 2017

...[A] German court said [a Peruvian farmer's] appeal against...RWE, which he accuses of contributing to climate change that is threatening his Andean home, had merit.

...[T]he higher regional court in the western city of Hamm said Saul Luciano Lliuya's demand for damages from RWE was "admissible", paving the way for the case to proceed.

Luciano argues that RWE, as one of the world's top emitters of climate-altering carbon dioxide, must share in the cost of protecting his hometown Huaraz from a swollen glacier lake at risk of overflowing from melting snow and ice...

The appeal court's decision... was hailed as a win by climate change activists...

...The Hamm court said it would give both sides until November 30 to provide further arguments before deciding on the next steps, but that it was "likely" the case would proceed to hearing evidence.

...After the decision, RWE reiterated its view that the complaint was "not acceptable" and was even "unjustified," arguing that a single company cannot be held liable for specific consequences of climate change...

...Luciano wants RWE to pay 17,000 euros ($20,000) to help pay for flood defences fo his community in Peru's northern Ancas region...[and] to reimburse him for the 6,384 euros he...has spent on protective measures...

[See RWE case profile here]