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Time of India
6 days ago
- Business
- Time of India
German court dismisses climate case against RWE
German court dismisses climate case against RWE (Photo: AP) In a decision that has been ten years in the making, judges in the western German city of Hamm have thrown out the case of a Peruvian farmer seeking damages from energy giant RWE for the risk of flooding connected to melting glaciers. Delivering its verdict in the David versus Goliath case, judges said the damage to Saul Luciano Lluiya's property from a potential glacier flood was not high enough. They ruled out an appeal. But in a legal first, the court did rule that companies can be held liable for the impacts of their emissions. Lluiya's lawyer Roda Verheyen said that although the court had not recognised the risk to her client's home, the verdict was a "milestone" that would "give a tailwind to climate lawsuits against fossil fuel companies." "For the first time in history, a high court in Europe has ruled that large emitters can be held responsible for the consequences of their greenhouse gas emissions," she added. The environmental NGO Germanwatch, which has supported the plaintiff throughout the long legal proceedings, said the ruling marked "a great success." "The court's decision, which at first glance sounds like a defeat due to the dismissal of the case, is actually a historic landmark ruling that can be invoked by those affected in many places around the world," the nonprofit said in a statement. by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like Lodha Élanor: 3-bed starting at ₹2.18 Cr+ LODHA® ÉLANOR Book Now Undo "This is because there are very similar legal requirements in numerous other countries, such as the UK, the Netherlands, the USA and Japan." A long road of litigation It is almost a decade since Saul Luciano Lluiya first filed a lawsuit against German energy giant RWE, calling on the company to pay its fair share to protect his home in Peru. Lliuya's town of Huaraz is located in the west of the country, in a valley below the Palcacocha mountain lake. As greenhouse gas emissions have caused global temperatures to rise, glaciers in the region have been melting. Water in the lake above Lluiya's home has increased more than fourfold since 2003 alone, leading experts to warn of an increased risk of flooding, with potentially dire consequences for the region. They say if large blocks of ice were to break off the glacier and fall into the lake, it could trigger meter-high flooding in lower-lying urban areas. Lliuya has been suing RWE under a German neighborhood law, which works to protect residents from disturbances resulting from the actions of their neighbors — for example, from tree roots causing damage from an adjacent property. His initial lawsuit was rejected in 2015 by a court in Essen, the western German city where the energy company is headquartered. But in 2017, a higher court in the nearby city of Hamm granted an appeal. In March this year, judges at that court heard evidence over whether Lliuya's house was really in jeopardy and whether RWE can be held responsible. "I feel a great responsibility," Lliuya said ahead of this year's hearings. For him, the case is about fighting climate change and the melting of glaciers and "holding those who have caused the damage to account." The Peruvian farmer was calling on RWE to cover a pro rata percentage of the estimated costs to build flood defenses to protect the village from the rising lake water. This would equate to around €17,000 ($19,000). RWE, which is not active in Peru, says it has always complied with national legal regulations and has repeatedly questioned why it has been singled out. In a statement to DW earlier this year, the multinational said "if there were such a claim under German law, every car driver could also be held liable. We consider this to be legally inadmissible and the wrong approach from a socio-political point of view." Corporate responsibility for global emissions? As an energy powerhouse with a history of largely using coal to generate electricity, RWE is one of Europe's biggest polluters. A 2023 analysis found the company to be responsible for just under 0.4% of global emissions — more than twice that of Greece. In ruling the case as admissible in an earlier hearing, experts saw the court as effectively recognizing the transboundary effects of climate change — even if the damage occurs thousands of kilometers away. "Some of the arguments made in the case are of course transferable, even if not directly applicable in any other jurisdiction," said Petra Minnerop, a professor of international law at Durham University. "And this is what we see in litigation generally that litigants have tried to transfer the arguments and also learn from the court outcomes and then provided improved evidence and the adjusted legal argument," she added. Could it still set a precedent? Speaking ahead of Wednesday's decision. Noah Walker-Crawford, a research fellow at the London-based Grantham Research Institute on Climate Change and the Environment, said the case set an important precedent, adding that there were likely to be "repercussions around the world." Since the proceedings began, Walker-Crawford says around 40 cases have sprung up challenging big companies over their responsibility for climate change in countries such as Belgium, Indonesia and the United States. "There has been insufficient political progress on climate change over the past decades, especially at an international level and especially in terms of loss and damage, in terms of the devastating impacts that communities are facing around the world and that's why we're seeing more and more that communities are turning to the courts, really out of desperation," Walker-Crawford explained. However, other experts doubt the impact it could have. "It's something that will probably provide orientation for other courts or will be cited as something that's quite powerful and courageous and it could encourage other courts to follow [...]but if doesn't necessarily allow us to predict how other jurisdictions will rule on it," said Minnerop.
Time of India
7 days ago
- Politics
- Time of India
Five held for harbouring expelled NCP functionary & elder son get bail in Pune
1 2 Pune: A magisterial court on Tuesday granted bail to five people, including the son of a former Karnataka minister, on charge of harbouring expelled NCP functionary Rajendra Hagawane and his elder son, Sushil. The two were on the run in connection with the alleged suicide of Vaishnavi, Hagawane's younger daughter-in-law, at their home in Bhukum on May 16. The court of judicial magistrate first class VP Khandare rejected the prosecution's plea to send the accused — Rahul Jadhav (45), Preetam Patil (47), Mohan Begade (59), Amol Jadhav (35) and Bandu Phatak (55) — into custody. The decision was made because the men had been arrested for a bailable offence under provisions of section 249 (b) (harbouring an offender) of the Bharatiya Nyaya Sanhita. The court granted bail to the accused upon furnishing a personal bond and a surety bond in the like amount. Earlier, Bavdhan police's senior inspector Anil Vibhute produced the accused before the court and filed a report to send them to custodial remand for three days. Assistant public prosecutor Nitin Adagale submitted before the court that custodial interrogation of the accused was essential to collect details of the monetary assistance offered by the five men to Rajendra and his son. by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like Lodha Élanor: 3-bed starting at ₹2.18 Cr+ LODHA® ÉLANOR Book Now Undo Adagale feared that Rajendra and his son, who are influential people from a political background, could tamper with evidence and threaten witnesses through the accused. The prosecution sought time to establish the identity of others responsible for harbouring the father-son duo while they were on the run. Defence lawyers Sushilkumar Pise, Kundalik Gawade, Sachin Jadhav and Shrikant Panhale told the court that the custodial interrogation of their clients was not essential because they were arrested for a bailable offence. The court upheld the defence plea, sent the accused to magisterial custody remand, and ordered their release on bail.
Time of India
25-05-2025
- Business
- Time of India
Union government approves ₹1,400 crore highway project in Andhra Pradesh
1 2 Vijayawada: The Union govt has given its in-principle approval for the construction of a greenfield national highway connecting the Nizampatnam fishing harbour with the proposed Amaravati Outer Ring Road (ORR), a move that is expected to boost marine exports and tourism projects in the region. After conducting an in-depth study over several months, the consultancy agency appointed by the Centre has proposed four possible alignments for the highway, taking into account factors such as land acquisition costs, economic feasibility, and distance. The proposed 48-kilometer greenfield highway is expected to cost around ₹1,400 crore, with ₹300 crore allocated for land acquisition and the remaining amount covering the construction of the highway and bridges. The highway will have to cross the river and canals at least 24 points, including a railway track near Tsundur, and the consultancy agency has proposed the construction of a Rail Over Bridge (ROB) at the railway track and high-level bridges at canal crossing points. The project is expected to be a game-changer for the development of the backward coastal area and fishermen, with local MP T Krishna Prasad stating that the increase in marine product exports will help local fishermen gain better prices. by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like Lodha Élanor: 3-bed starting at ₹2.18 Cr+ LODHA® ÉLANOR Book Now Undo The proposed highway will also improve access to scenic tourist spots along Suryalanka and Bapatla beaches, boosting tourism in the region. According to sources, the Centre is likely to give its final clearance for the project in a few weeks, with the Narakoduru junction near Guntur to Nizampatnam route expected to be the most feasible option. The Andhra Pradesh Maritime Board (APMB) has already issued a no-objection certificate for the construction of the highway on its land near Nizampatnam harbour.
