In London, a legal representative argued on Thursday for holding the global mining company, BHP Group, responsible for the catastrophic environmental incident in Brazil a decade ago. The tragedy involved a dam collapse that unleashed a torrent of toxic mining waste into a significant waterway, resulting in the deaths of 19 individuals and the destruction of several communities.
Justice Finola O’Farrell from the High Court mentioned that she would deliver her decision at a later date regarding this class-action lawsuit. The claimants in the case are seeking 36 billion pounds, roughly equivalent to $47 billion, in damages from BHP, which has one of its main legal entities based in London, prompting the suit to be filed in the United Kingdom.
BHP holds a 50% ownership in Samarco, the Brazilian firm that managed the iron ore mine where the dam catastrophe occurred on November 5, 2015. A massive amount of mine waste, sufficient to fill 13,000 Olympic swimming pools, was discharged into the Doce River located in southeastern Brazil.
Attorney Alain Choo Choy, during his final remarks, emphasized that due to BHP’s significant involvement in Samarco’s activities, they had numerous chances to avert disaster. Yet, they seemingly ignored these opportunities, favoring increased production by allowing the dam to undergo expansions.
Conversely, a defense attorney argued that BHP neither owned nor operated the Fundao dam and hence bore no responsibility for the environmental damage. Moreover, the company asserted that the statutory deadline for lodging claims had expired before the lawsuit was initiated on behalf of approximately 600,000 Brazilian citizens.
The dam’s collapse left the vibrant village of Bento Rodrigues in Minas Gerais state in ruins, severely impacting other towns as well. According to a study conducted by the University of Ulster, the calamity resulted in the death of 14 tons of freshwater fish and caused damage along 660 kilometers (about 410 miles) of the Doce River. For the Krenak Indigenous community, the river holds a sacred status as a deity, but it remains in a state of recovery.
This trial commenced in October, coinciding with Brazil’s federal government reaching a multi-billion dollar settlement with the mining firms. As per the settlement, Samarco, also partially owned by Brazilian mining titan Vale, agreed to pay 132 billion reais ($23 billion) over two decades. These payments are intended to address human, environmental, and infrastructure impacts.
BHP argued that the legal proceedings in the UK were redundant since similar legal actions were already underway in Brazil.
Following the hearing, in an online press conference, attorneys and victims expressed optimism for a conviction against BHP. José Eduardo Cardozo, Brazil’s former justice minister and one of the lawyers for the case, noted the compelling evidence against the company.
Pamela Fernandes, who lost her 5-year-old daughter, Emanuelle, in the disaster, has been attending the trial in London since last year. “Just knowing that the trial has come to an end — today was the closing arguments — I already feel very relieved,” Fernandes shared. “Being here is very painful.”
