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A London High Court judge has found global mining giant BHP Group liable for the catastrophic 2015 Samarco dam collapse in Brazil. This landmark ruling is a major step in a legal battle brought by over 700,000 victims seeking compensation for what is widely regarded as Brazil’s worst environmental disaster.
The case centers on the failure of the Fundão dam on November 5, 2015, which was operated by Samarco, a joint venture between BHP and Brazilian mining company Vale. The collapse unleashed a torrent of approximately 40 million cubic meters of toxic iron ore waste, killing 19 people and obliterating the village of Bento Rodrigues. The sludge traveled over 650 kilometers (400 miles) down the Doce River, contaminating water sources for hundreds of thousands and eventually reaching the Atlantic Ocean.
In her judgment, Justice Finola O’Farrell determined that BHP, as the ultimate parent company, held a duty of care to the victims. This decision paves the way for a trial to determine the quantum of damages, with the plaintiffs—including individuals, businesses, municipalities, and Indigenous Krenak communities—pursuing an estimated £36 billion claim. The lawsuit is one of the largest group litigation cases in English legal history, setting a potential precedent for holding multinational corporations accountable for their overseas subsidiaries.
BHP had argued that the case was unnecessary and duplicated legal proceedings and compensation efforts already underway in Brazil. The company is part of the Renova Foundation, established to manage remediation and pay damages, which has reportedly spent over $6.9 billion to date. In a statement following the ruling, BHP confirmed its commitment to defending the claims and reiterated its support for the ongoing work in Brazil.
Lawyers for the claimants hailed the decision as a momentous victory. The London High Court's preliminary finding on liability marks a critical milestone, though the full trial to assess damages is not expected to conclude for at least another two years.
