LONDON, England — A ruling by a judge on Friday found BHP Group, a major global mining company, liable for a catastrophic dam failure in Brazil nearly ten years ago that released a deluge of toxic waste, resulting in 19 fatalities and devastating numerous communities.
Justice Finola O’Farrell from the High Court determined that the Australia-based corporation bore responsibility for the disaster, despite not owning the dam at the time of its collapse. The judge cited BHP’s negligence and poor oversight as key factors contributing to the incident.
The disaster occurred on November 5, 2015, when the tailings dam operated by Samarco, a Brazilian company jointly owned by BHP and Vale, ruptured. The resulting sludge obliterated the village of Bento Rodrigues in Minas Gerais state, contaminating the Doce River with enough mining waste to fill 13,000 Olympic-sized swimming pools. This destructive flow not only devastated local ecosystems but also led to the death of approximately 14 tons of fish along a 600-kilometer stretch of the river.
Nearly a decade later, legal challenges have hindered reconstruction efforts and ongoing contamination persists. Advocacy groups point to the dam collapse as a critical reminder of Brazil’s industry-friendly policies that compromise environmental protections, even as the country positions itself as a global leader on ecological issues during the upcoming U.N. COP30 climate summit.
Local survivors hailed the court’s decision as a landmark victory in their pursuit of justice. Mônica dos Santos, of the Commission for Those Affected by the Fundão Dam, expressed relief that accountability was being sought across the Atlantic in the British courts. Gelvana Rodrigues, who lost her 7-year-old son in the disaster, echoed this sentiment and vowed to continue fighting for justice until all responsible parties are held accountable.
O’Farrell concurred with arguments presented by attorneys representing over 600,000 Brazilians and numerous communities in a class-action lawsuit, emphasizing that BHP had substantial oversight in Samarco’s operations and could have taken measures to prevent the catastrophe. According to the judge, “the risk of collapse was foreseeable” and questions how the decision to increase the dam’s height could have been made in light of those risks.
BHP announced plans to appeal the ruling. The claimants are pursuing approximately £36 billion ($47 billion) in damages, although Friday’s ruling only addressed liability. A subsequent phase of the trial will focus on compensation amounts.
The case was filed in the United Kingdom due to one of BHP’s main legal entities being based in London when the lawsuit was initiated. This ruling was significant, particularly following a recent multibillion-dollar settlement reached by Brazilian authorities with mining companies, including Samarco, which will pay 132 billion reais ($23 billion) over 20 years to address damage caused by the disaster.
BHP indicated that the U.K. court proceedings were redundant, asserting they overlap with existing claims in Brazil. However, the judge clarified that those compensated under the Brazilian settlement could still pursue claims in the British courts, although prior waivers may restrict their ability to do so.
Following the ruling, BHP’s shares fell over 2% on the London Stock Exchange, and company officials stated they would revise their financial outlook in light of the potential implications of the case.
