LONDON — A legal representative presented arguments on Thursday, suggesting that BHP Group, a major player in the global mining sector, should take responsibility for an environmental catastrophe in Brazil a decade ago. The tragedy occurred when a dam collapsed, releasing massive quantities of toxic mining materials into a key waterway, leading to the loss of 19 lives and the destruction of nearby communities.
High Court Justice Finola O’Farrell announced she would deliver a verdict at a later date concerning the class action lawsuit. The plaintiffs are demanding 36 billion pounds ($47 billion) in damages from BHP, which is headquartered in Australia. The lawsuit was filed in the U.K. because one major legal entity of BHP was based in London at the time of the incident.
BHP holds a 50% stake in Samarco, the Brazilian company responsible for operating the iron ore mine where the dam failure happened on November 5, 2015. The breach resulted in mine waste equivalent to what could fill 13,000 Olympic swimming pools being released into Brazil’s Doce River.
Attorney Alain Choo Choy, in his closing statements, contended that due to its significant involvement in Samarco’s operations, BHP had multiple chances to prevent the disaster but missed them. Instead, BHP allegedly encouraged the dam’s height to increase by constantly pressing for higher production levels by Samarco.
On the other hand, a defense lawyer argued that BHP neither owned nor operated the Fundao dam, absolving the company from liability for the environmental ruin. Moreover, the company claimed that the time limit to file such claims had lapsed before the lawsuit representing 600,000 Brazilians was lodged.
The calamity destroyed Bento Rodrigues, once a vibrant village in Minas Gerais state, and inflicted severe damage on other areas. Additionally, the disaster eradicated 14 tons of freshwater fish and affected 660 kilometers (410 miles) of the Doce River, as reported by research from the University of Ulster. The Krenak Indigenous people, who hold the river in high spiritual regard, have faced an ongoing struggle for its restoration.
This trial kicked off in October, only days before Brazil’s federal government finalized a multibillion-dollar compensation agreement with the mining firms involved. According to the settlement, Samarco, which is equally owned by Brazilian mining giant Vale, committed to a 132 billion reais ($23 billion) payment over the next two decades. This compensation aims to address the multifaceted damage inflicted on humans, the environment, and infrastructure.
BHP argued against the necessity of the U.K. lawsuit, stating it overlapped with the legal actions already underway in Brazil.
