Will Polluters Pay? The Future of Climate Litigation in Light of the RWE Case

In May 2025, Germany’s Supreme Court dismissed a Peruvian farmer’s lawsuit against energy giant RWE, which argued that the company’s historic emissions contributed to glacial melt threatening his home. While the court found no imminent risk sufficient to justify compensation, it established groundbreaking principles: corporations may face civil liability for their proportional contribution to climate damages – even when those damages occur abroad.

The RWE case marks a turning point in global climate litigation, reinforcing the sharp rise in lawsuits against fossil fuel companies since the Paris Agreement. Courts in Europe, the U.S., and beyond are increasingly holding both states and corporations accountable for climate impacts – from the Urgenda ruling in the Netherlands to a landmark 2024 decision against Switzerland at the European Court of Human Rights. These rulings highlight how civil and constitutional law are evolving into proactive tools for accountability and prevention.

In Israel, climate litigation is still in its early stages, but existing doctrines such as nuisance and breach of statutory duty could provide a legal basis. Inspired by global precedents, Israeli courts and legislators will likely face growing pressure to clarify the scope of corporate liability for climate-related harms.

Ultimately, RWE signals that companies are not shielded by geography or time from accountability for greenhouse gas emissions. For Israel and other states, it is both a warning and an opportunity to adapt legal systems to the realities of a warming world.

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