LONDON — In a recent court hearing, a lawyer contended that the international mining corporation BHP Group should be held accountable for Brazil’s most severe environmental disaster, which occurred a decade ago. The catastrophe unfolded when a dam burst, releasing massive amounts of toxic mining waste into a significant waterway, resulting in the loss of 19 lives and leaving local villages in ruins.
Justice Finola O’Farrell of the High Court stated that a decision would be made later regarding the class action lawsuit. The claimants are demanding a substantial 36 billion pounds ($47 billion) in damages from BHP, which is based in Australia. The lawsuit is taking place in Britain, as one of BHP’s primary legal entities was headquartered in London when the disaster occurred.
BHP possesses a 50% stake in Samarco, the Brazilian company responsible for operating the mine where the tailings dam failure happened on November 5, 2015. The catastrophe saw enough mining debris to fill 13,000 Olympic-sized swimming pools cascading into the Doce River located in southeastern Brazil.
Attorney Alain Choo Choy emphasized in his concluding remarks that BHP had ample opportunities to prevent the disaster due to its significant role in Samarco’s operations. However, the company allegedly failed to intervene and instead perpetuated the dam’s elevation by consistently pushing for higher production rates.
In contrast, a defense lawyer stated that BHP neither owned nor operated the Fundao dam, and thus should not be deemed responsible for the environmental impact. Furthermore, BHP argued that the time limit to file claims had passed before the legal action was initiated on behalf of 600,000 affected Brazilians.
The aftermath of the dam’s rupture resulted in the destruction of Bento Rodrigues, a once-thriving village in Minas Gerais state, and wreaked havoc on neighboring towns. The disaster also obliterated 14 tons of freshwater fish and inflicted damage on 660 kilometers (410 miles) of the Doce River, a tragedy documented in a study from the University of Ulster. The Krenak Indigenous community, which holds the river sacred, is still grappling with its recovery.
The trial commenced in October, shortly before Brazil’s federal authorities reached a comprehensive settlement with the involved mining firms. As part of the agreement, Samarco, a company co-owned by Brazilian mining enterprise Vale, consented to a 132 billion reais ($23 billion) payout over 20 years to address the human, environmental, and infrastructure devastation.
BHP maintained that the legal proceedings in the U.K. were redundant, asserting that they mirrored ongoing lawsuits in Brazil.
