Mining giant BHP liable for deadly dam collapse that caused Brazil’s worst environmental disaster
Mining giant BHP has been found liable by a London High Court for the catastrophic 2015 collapse of a dam in southeastern Brazil.
The significant ruling on Friday concerns a lawsuit previously valued by claimants’ lawyers at up to £36 billion ($48.32 billion).
The Fundao dam, located near Mariana, was jointly owned and operated by BHP and Vale’s Samarco joint venture.
Its devastating failure caused Brazil’s worst environmental disaster, killing 19 people, leaving thousands homeless, inundating forests, and polluting the entire Doce River.
Hundreds of thousands of Brazilians, dozens of local governments and 2,000 businesses are suing BHP.
Judge Finola O’Farrell ruled that continuing to raise the dam’s height when unsafe was the “direct and immediate cause” of its collapse, establishing BHP’s liability under Brazilian law.
BHP confirmed it would appeal the decision and continue to fight the lawsuit.
BHP’s President Minerals Americas, Brandon Craig, said in a statement that 240,000 claimants in the London lawsuit “have already been paid compensation in Brazil”.
“We believe this will significantly reduce the size and value of claims in the UK group action,” he added.
The ruling comes after ten years of legal wrangling, which left the hopes of hundreds of thousands of Brazilians for long-awaited justice.
The iron ore tailings dam collapsed at 4.20pm, 44.5 million cubic metres of toxic sludge cascaded through the hills of Minas Gerais state, with pollutants recorded as far as 668 kilometres (451 miles) away from the dam.
Villages were flattened and indigenous communities saw their way of life destroyed following heavy damage to the Doce River, a critical source of irrigation, water, food and leisure for groups such as the Krenak.
Claimants and lawyers previously hoped the court’s decision will bring closure for the victims of the dam collapse, who have struggled to move on from their lives while they do not feel that those responsible for the dam collapse have faced the necessary consequences.
