32
and remove GHGs by sinks. Hence regardless of its eventual economic benefits, the
Rocky Hill project would not prove conducive to the rapid and deep GHG emissions
reduction needed for Australia to adequately contribute to the overarching goals
agreed upon under the Paris Agreement.
13
3.3 Lliuya v. RWE
The claimant, Mr. Saùl Luciano Lliuya, is a resident in the city of Huaraz, situated
right below lake Palcacocha, in the Peruvian Andes. Lliuya asserts that, despite
previous measures, because of melt water from the overlying Palcaraju glacier and
precipitation accumulate in the lake the water level in lake Palcacocha is now tipping a dangerous status, and therefore poses serious and imminent flood risks. In all
likelihood, a flood wave from the lake would severely impair Mr. Lliuya’s property.
The defendant (RWE) is a German energy company, and is by far the largest GHG
emitter in Europe. According to the Carbon Majors Report, RWE operations contributed to a degree of 0.47% from 1751 to 2010 to worldwide GHG emissions
(Heede et al. 2014, p. 27). Thus, Mr. Lliuya is seeking compensation from RWE in
proportion to the latter’s actual contribution to the change of the state of aggregation
of the glacial ice over lake Palcachoca.
Relevant, the claimant extensively quoted IPCC’s AR5 observations to demonstrate the actual specific impacts of climate change on the Peruvian Andes Region
as to temperature increase and tropical glaciers meltdown—demonstrated in AR5
with “very high confidence”. In addition, evidence provided by the Peruvian government was displayed, reporting a 40% melting rate of Peruvian glaciers over the
last 40 years, the melt water resulted thereby contributing to the formation of
approximately 1000 new lakes. Thus, in the plaintiff’s view the causal link between
increase in GHG emissions, global warming and the increased risk of a detrimental
Glacial Lake Outburst Flood (GLOF) in the area of lake Palcacocha has been scientifically established.
14
Given the causal link between a dangerous GLOF risk and
global GHG emissions surge, the defendant should be held liable for any damages
occurring to Mr. Lliuya’s property in the proportional share of its historical GHG
gas emissions, as mapped and quantified in the Climate Majors study.
13 Furthermore, CJ Preston noted that a particular fossil fuel development may itself be a sufficiently large source of GHG emissions such that refusal of the development “could be seen to make
a meaningful contribution to remaining within the carbon budget and achieving the long term
temperature goal” (para. 554).
14 In particular, the claimant refers to the Inventario de Glaciares del Perú, Ministerio de Agricultura
y Riego Autoridad Nacional del Agua, Unidad de Glaciología y Recursos Hídricos, Huaraz, July
2014, p. 23, point 7.1.3.1, according to which “Comparing the glacier surface area measured in the
national inventory of the decade of the 1970s and the results of the current inventory, the Cordillera
Blanca has lost approximately 27% (195,75 km
2 ) of its total glacier area.”
M. Fermeglia
and remove GHGs by sinks. Hence regardless of its eventual economic benefits, the
Rocky Hill project would not prove conducive to the rapid and deep GHG emissions
reduction needed for Australia to adequately contribute to the overarching goals
agreed upon under the Paris Agreement.
13
3.3 Lliuya v. RWE
The claimant, Mr. Saùl Luciano Lliuya, is a resident in the city of Huaraz, situated
right below lake Palcacocha, in the Peruvian Andes. Lliuya asserts that, despite
previous measures, because of melt water from the overlying Palcaraju glacier and
precipitation accumulate in the lake the water level in lake Palcacocha is now tipping a dangerous status, and therefore poses serious and imminent flood risks. In all
likelihood, a flood wave from the lake would severely impair Mr. Lliuya’s property.
The defendant (RWE) is a German energy company, and is by far the largest GHG
emitter in Europe. According to the Carbon Majors Report, RWE operations contributed to a degree of 0.47% from 1751 to 2010 to worldwide GHG emissions
(Heede et al. 2014, p. 27). Thus, Mr. Lliuya is seeking compensation from RWE in
proportion to the latter’s actual contribution to the change of the state of aggregation
of the glacial ice over lake Palcachoca.
Relevant, the claimant extensively quoted IPCC’s AR5 observations to demonstrate the actual specific impacts of climate change on the Peruvian Andes Region
as to temperature increase and tropical glaciers meltdown—demonstrated in AR5
with “very high confidence”. In addition, evidence provided by the Peruvian government was displayed, reporting a 40% melting rate of Peruvian glaciers over the
last 40 years, the melt water resulted thereby contributing to the formation of
approximately 1000 new lakes. Thus, in the plaintiff’s view the causal link between
increase in GHG emissions, global warming and the increased risk of a detrimental
Glacial Lake Outburst Flood (GLOF) in the area of lake Palcacocha has been scientifically established.
14
Given the causal link between a dangerous GLOF risk and
global GHG emissions surge, the defendant should be held liable for any damages
occurring to Mr. Lliuya’s property in the proportional share of its historical GHG
gas emissions, as mapped and quantified in the Climate Majors study.
13 Furthermore, CJ Preston noted that a particular fossil fuel development may itself be a sufficiently large source of GHG emissions such that refusal of the development “could be seen to make
a meaningful contribution to remaining within the carbon budget and achieving the long term
temperature goal” (para. 554).
14 In particular, the claimant refers to the Inventario de Glaciares del Perú, Ministerio de Agricultura
y Riego Autoridad Nacional del Agua, Unidad de Glaciología y Recursos Hídricos, Huaraz, July
2014, p. 23, point 7.1.3.1, according to which “Comparing the glacier surface area measured in the
national inventory of the decade of the 1970s and the results of the current inventory, the Cordillera
Blanca has lost approximately 27% (195,75 km
2 ) of its total glacier area.”
M. Fermeglia