Tragedy in Mariana: UK trial enters its final phase
UK courts on Wednesday (Feb. 5) resumed the trial on the liability of Anglo-Australian mining company BHP in connection with the collapse of the Samarco dam in Mariana, Minas Gerais state, in 2015. Samarco is a joint venture formed by Brazil’s Vale and BHP’s subsidiary in Brazil.
The lawsuit was filed by the law firm Pogust Goodhead (PG), representing 620 thousand people, 1,500 companies, and 46 municipalities affected by the tragedy.
On March 5, 6, 7, and 13, the victims’ lawyers should present their closing arguments. BHP’s defense, in turn, will take place from March 10 to 12.
The trial, run by the Technology and Construction Court in London, began on October 21 last year and went through several phases, with testimony from witnesses and experts in Brazilian environmental, civil, and corporate law.
Even though the trial is taking place in the UK, the British courts will consider Brazilian legislation to decide whether BHP can be held responsible for a dam controlled by a company of which it was one of the shareholders.
The PG law firm argues that the mining company BHP should be held accountable because it was Samarco’s controlling shareholder and therefore responsible for its business decisions, as well as being the beneficiary and financier of the mining activity that caused the disaster.
BHP claims, however, that Samarco has always been a company with independent operations and management.
PG expects the judge in charge of the case, Finola O’Farrell, to issue her ruling by the middle of this year. If BHP is found liable, a new trial will define the exact compensation. The law firm estimates that the sums to be paid to the victims of the collapse should total some BRL 230 billion.
The agreement in Brazil
The Brazilian Supreme Court, in November 2024, ratified an agreement stipulating the payment of BRL 170 billion to repair and compensate for the damage caused by the environmental disaster. The deadline for adherence to the agreement given to the 49 municipalities recognized as affected ends this Thursday (6).
