London Judge to Rule on BHP Group's Liability in Brazil's Worst Environmental Disaster

A lawyer has argued that BHP Group should be held accountable for Brazil's worst environmental disaster, which occurred a decade ago. The disaster involved a dam collapse that released toxic mining waste into a major waterway, resulting in 19 deaths and the destruction of villages. High Court Justice Finola O'Farrell will decide on the class action case, where claimants are demanding £36 billion (USD 47 billion) in damages from the Australia-based company.

The case is being heard in Britain because one of BHP's main legal entities was based in London at the time of the incident. BHP owns half of Samarco, the Brazilian company operating the iron ore mine where the dam burst on November 5, 2015. The collapse released enough waste to fill 13,000 Olympic-size swimming pools into the Doce River in southeastern Brazil.

Environmental Impact and Legal Proceedings

The disaster had severe environmental consequences, killing 14 tons of freshwater fish and damaging 660 kilometres of the Doce River. The river holds spiritual significance for the Krenak Indigenous people, who consider it a deity. Despite efforts, the river has not yet recovered from the damage caused by the toxic sludge.

Attorney Alain Choo Choy argued that BHP had numerous opportunities to prevent the disaster due to its significant involvement in Samarco's operations. He claimed that BHP failed to act and instead encouraged increased production by Samarco, which led to raising the dam.

Defence Arguments and Settlement

A defence lawyer contended that BHP neither owned nor operated the Fundão dam and was not liable for the pollution. The company also argued that the deadline for filing claims had passed before the lawsuit was initiated on behalf of 600,000 Brazilians. BHP stated that legal action in the UK was redundant as similar proceedings were already underway in Brazil.

The trial commenced in October, shortly before Brazil's federal government reached a multibillion-dollar settlement with mining companies. Under this agreement, Samarco, also half-owned by Brazilian mining giant Vale, agreed to pay 132 billion reais (USD 23 billion) over two decades. These payments aim to address human, environmental, and infrastructure damages.

The village of Bento Rodrigues in Minas Gerais state was destroyed by sludge from the dam burst, severely affecting other towns as well. Despite these challenges, efforts continue to seek justice and compensation for those affected by this environmental catastrophe.