Does Lliuya v RWE mark a turning point in climate litigation: examining the establishment of causation
Abstract
Lliuya v RWE is widely celebrated for recognising, in principle, that corporations may be held liable for climate-related damage. This case note analyses the appellate court’s reasoning on causation. While the court acknowledged a causal link between corporate emissions and specific property damage, it ultimately held the damage alleged did not meet the threshold for remedies and therefore did not determine causation on the facts. The case highlights the limits of the but-for test and difficulties of integrating scientific evidence into legal analysis, while offering guidance for future climate litigation through its use of property law and on-site expert assessments.
Fields of Study & Subjects
Environmental law and policy
Corporate Law and Human Rights
International Arbitration and Investment Law
Publication details
- Journal / source
- Journal of Energy & Natural Resources Law
- Publisher
- Informa UK Limited
- Pages
- 1–16
- Publication date
- 26 February 2026
- Language
- EN