UK court finds mining company BHP liable for dam collapse
British mining company BHP was found liable by the High Court of Justice in London on Friday (Nov. 14) for the collapse of the Fundão dam in the city of Mariana, Minas Gerais state. The company is a shareholder in Samarco, which was responsible for the disaster.
The amount of compensation to be paid to individuals, institutions, states, and municipalities that filed lawsuits in the UK has not been disclosed.
“The risk of collapse of the dam was foreseeable,” the ruling reads. “It is inconceivable,” it adds, “that a decision would have been taken to continue raising the height of the dam in those circumstances and the collapse could have been averted.”
In a statement, BHP says it will appeal the UK court’s decision and reaffirms its commitment to the remediation process in Brazil and the implementation of the New Doce River Agreement.
The mining company notes that some BRL 70 billion has been paid to residents of the Doce river basin and to public entities in Brazil. “More than 610 thousand people received compensation, including approximately 240 thousand plaintiffs in the UK lawsuit who granted full discharges. The English court confirmed the validity of the agreements entered into, which should significantly reduce the size and value of the ongoing lawsuit,” it says.
BHP also states it believes the measures taken in Brazil are “the most effective way” to compensate all those affected by the tragedy, as well as the environment.
In the first half of 2026, there will be a new hearing on the case, which should assess the extent of the damage caused by the dam collapse. There will also be a third stage, with the definition of individualized compensation. This stage, however, is not expected to take place until 2028.
Ten years
On October 5, the tragedy in Mariana turned ten years old. The collapse of the Fundão dam dumped tons of tailings from iron ore processing, contaminating the Doce river basin and causing the mud to reach the coast of the neighboring state of Espírito Santo. The district of Bento Rodrigues was devastated. Nineteen people died.
