BREAKING: The UK High Court has ruled that BHP is liable for one of Brazil’s worst environmental disasters, the collapse of the Fundão dam, which occurred in November 2015. The court’s decision holds the mining giant accountable for the disaster that resulted in the deaths of 19 people and the release of 40 million cubic meters of toxic sludge across the landscape.
BHP has announced its intention to appeal this ruling, asserting that it had already taken significant steps toward compensating victims since the disaster. The company stated, “BHP intends to appeal the decision and will continue to defend the UK group action,” emphasizing its ongoing commitment to remediation efforts in Brazil.
This landmark case has been described as the largest class action in English legal history, marking a pivotal moment for multinational corporations facing environmental accountability. Experts warn that the court’s ruling sends a clear message: companies cannot evade their responsibilities for environmental damage.
Justice Finola O’Farrell delivered the verdict, confirming BHP’s status as a “polluter” under Brazilian law due to its ownership of Samarco, the company operating the mine and dam. The ruling was particularly significant as it rejected BHP’s defense that it bore no liability for the disaster, asserting that the company was indeed responsible for the environmental destruction caused by the dam’s collapse.
“Today’s ruling delivers long-overdue justice to the thousands whose lives were torn apart,” said Alicia Alinia, CEO of Pogust Goodhead, the law firm representing victims. “Liability has been established. BHP is now compelled to answer for its actions and pay what is owed.”
The court will now assess individual claims from victims, a process that could extend payouts until 2029 or 2030. This lengthy timeline poses ongoing challenges for those affected, as they await compensation for their suffering.
According to Pogust Goodhead, the initial claim represents over 620,000 individuals and organizations, with damages estimated as high as £36 billion (approximately $72.5 billion). BHP and its partner Vale have previously agreed to share the costs of any payouts resulting from the UK case.
Since the disaster, BHP claims to have compensated more than 610,000 individuals in Brazil, including approximately 240,000 claimants from the UK class action who have waived their rights to further claims. The company asserts that the recent High Court decision upholds these releases, potentially reducing the size and value of claims in the ongoing UK group action.
This ruling not only highlights the urgent need for corporate accountability in environmental disasters but also illustrates the resilience of affected communities seeking justice. As the situation develops, many will be watching closely to see how BHP navigates this legal challenge and what it means for future corporate responsibility in environmental management.
Stay tuned for more updates as this story unfolds, with implications that may resonate well beyond Brazil and impact multinational operations worldwide.
