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- Judge finds BHP Group liable in dam collapse that led to Brazil’s worst environmental disaster (pbs.org)
London Court Holds Global Mining Giant BHP Accountable for Brazil’s Worst Environmental Catastrophe
LONDON – A London High Court judge has delivered a landmark ruling, finding global mining company BHP Group liable for Brazil’s devastating dam collapse a decade ago. The disaster, which unleashed millions of tons of toxic waste into a major river, resulted in the deaths of 19 people and widespread environmental destruction.
High Court Justice Finola O’Farrell determined that Australia-based BHP, despite not being the direct owner of the dam, was responsible for the catastrophe due to its negligence, carelessness, or lack of skill leading to the collapse. BHP holds a 50% stake in Samarco, the Brazilian company operating the iron ore mine where the Fundão tailings dam ruptured on November 5, 2015.
The immediate aftermath saw the once-thriving village of Bento Rodrigues in Minas Gerais state obliterated by sludge, with numerous other towns severely impacted. An estimated 13,000 Olympic-sized swimming pools worth of mine waste surged into the Doce River, contaminating 370 miles of the waterway and causing the death of 14 tons of freshwater fish, according to a study by the University of Ulster. The Doce River, held sacred by the Krenak Indigenous people, remains severely compromised.
A decade on, legal battles have significantly delayed reconstruction and reparations, and the river continues to be polluted with heavy metals. Even as Brazil seeks to establish itself as a global environmental leader in the run-up to the U.N. COP30 climate summit, advocacy groups point to the dam collapse as a stark reminder of policies that often prioritize industry over ecological protection.
For the victims of the disaster, the ruling represents a historic stride towards justice. Mônica dos Santos of the Commission for Those Affected by the Fundão Dam remarked, “We had to cross the Atlantic Ocean and go to England to finally see a mining company held to account.”
Gelvana Rodrigues, whose 7-year-old son, Thiago, perished in a mudslide, hailed the decision as a crucial step forward, vowing to continue fighting until those responsible face punishment. “The judge’s decision shows what we have been saying for the last 10 years: it was not an accident, and BHP must take responsibility for its actions,” Rodrigues stated.
The judge sided with lawyers representing 600,000 Brazilians and 31 communities in the class-action lawsuit, who argued that BHP was deeply involved in Samarco’s operations and possessed the means to prevent the disaster, yet instead encouraged increasing the dam’s height for greater production.
In her extensive 222-page decision, O’Farrell wrote, “The risk of collapse of the dam was foreseeable. It is inconceivable that a decision would have been taken to continue raising the height of the dam in those circumstances and the collapse could have been averted.”
BHP has announced its intention to appeal the ruling.
The claimants are seeking 36 billion pounds ($47 billion) in compensation; however, Friday’s ruling solely addresses liability. A subsequent phase of the trial will determine the damages. The case was filed in Britain because one of BHP’s primary legal entities was based in London at the time.
The trial commenced in October 2024, shortly after the Brazilian federal government reached a multi-billion-dollar settlement with the mining companies. Under this agreement, Samarco, co-owned by Brazilian mining giant Vale, committed to paying 132 billion reais ($23 billion) over two decades to compensate for human, environmental, and infrastructure damage.
BHP had previously contended that the U.K. legal action was superfluous, as it duplicated matters already covered by legal proceedings in Brazil. However, the judge ruled that individuals compensated in the Brazilian settlement could still pursue claims, though their claims might be constrained by any waivers they had signed.
Brandon Craig, BHP’s president of Minerals Americas, indicated that nearly half of the claimants could be disqualified from the group due to settlement agreements signed in Brazil.
Following the ruling, BHP shares declined by over 2% on the London market, and the company stated it would update its financial provisions.