British court to resume Mariana disaster trial on January 13
The British court trial to determine BHP's responsibility for the 2015 collapse of the Samarco dam in Mariana, Minas Gerais state, will resume on January 13. Samarco is a joint venture between Brazil's Vale and BHP's Brazilian subsidiary.
The case, being heard at London's Technology and Construction Court, was brought by the law firm Pogust Goodhead (PG), representing 620,000 individuals, 46 municipalities, and 1,500 companies affected by the tragedy, with the aim of holding BHP accountable in the UK. Vale is not a defendant in this case.
The sessions began on October 21 and were suspended on December 20 due to the British courts' end-of-year recess. During the first two months of the trial, documents were reviewed, and several witnesses testified.
As reported by PG, Samarco had known since 2013 that the dam that collapsed was operating beyond safe limits and that there was no proper evacuation plan in the Bento Rodrigues district, where the structure was located.
Additionally, PG claims that a former BHP engineer admitted to being aware of cracks in the structure in 2014 but noted that insufficient action was taken to prevent the collapse.
According to the victims' lawyers, the testimonies revealed that BHP exercised strategic control over Samarco, including audits, operational decisions, and compensation practices.
The firm and BHP also called on corporate law experts to help the British courts determine whether a majority shareholder, in this case the Anglo-Australian company, can be held liable for an incident involving a company in which it holds a stake—Samarco, in this case.
As stated by PG, the expert appointed by the victims argued that shareholders in controlling groups can be held individually responsible for abuses of power and emphasized that corporate social responsibility should take precedence in such cases.
Between January 13 and 21, experts in Brazilian environmental law will testify. From January 22 to 29, geotechnical experts will be heard. In February, the parties will prepare their final arguments, which will be presented between March 5 and 13.
Destruction
The human and environmental tragedy in Mariana occurred on November 5, 2015, when a mining tailings dam collapsed. The Bento Rodrigues district was completely destroyed by the resulting mudflow. Nineteen people were killed, three remain missing, and 600 people were left homeless.
Approximately 40 million cubic meters of toxic tailings were released into the environment, impacting 49 municipalities in Minas Gerais and Espírito Santo. The mud flowed 663 kilometers along the Doce River Basin, eventually reaching the sea off the coast of Espírito Santo.
