Private climate lawsuits

Private climate lawsuits refer to lawsuits brought by private individuals or private organizations against companies before civil courts with the aim of holding them liable for their contribution to climate change or obliging them to behave in a more climate-friendly manner. In contrast to public-law climate lawsuits, which are usually directed against states, the focus here is on private actors.

The focus of such lawsuits is usually on large companies from emission-intensive sectors such as energy, industry or agriculture. The plaintiffs regularly assert tortious claims (Sections 823 et seq. of the German Civil Code) or negatory claims (Section 1004 of the German Civil Code), in particular due to the violation of absolutely protected legal interests such as life, health or property. In some cases, liability for interference or principles of interpretation of civil law standards in accordance with constitutional and international law are also used.

Prominent examples are:

• The lawsuit brought by Peruvian farmer Saúl Luciano Lliuya against the energy company RWE for contributing to the melting of glaciers in the Andes.
• Proceedings against large oil companies in the USA or the Netherlands (e.g. Milieudefensie vs. Shell).

Thecentral challenges of such lawsuits are proving causality, i.e. the question of whether a particular company can be attributed a relevant contribution to climate change and thus to specific damage. Questions of international jurisdiction, applicable law and the scope of civil law duties to protect are also often decisive in disputes.

These lawsuits are caught between effective climate protection and the constitutional limitation of private liability. Nevertheless, they are increasingly shaping the legal and social debate on the responsibility of companies in climate protection.

Current research project

Employees of the Institute for Sustainability, Corporate Law and Reporting (INUR) are currently working on the latest decision of the Higher Regional Court of Hamm regarding the lawsuit of the Peruvian farmer Saúl Luciano Lliuya against the energy company RWE for contributing to the melting of glaciers in the Andes. A scientific article is currently being written. Although the Higher Regional Court of Hamm dismissed the specific claim due to the lack of an acute threat of damage to property, it ruled in favor of the plaintiff Lliuya on most points, thus creating preliminary (legal) facts that will presumably encourage further comparable climate liability claims.