Case Note

Case note dated May 28, 2025

Emerging liability for historic emissions? Discussion of German ruling Lliuya v. RWE

On May 28, 2025, the Court of Appeal in Hamm, Germany, ruled in the case of Peruvian farmer Lliuya against energy company RWE. The court ruled, in essence, that a large carbon emitter like RWE can, in principle, be held responsible for local climate-related risks, including across national borders. This case note discusses the ruling and its potential implications.