UPDATE: The High Court in London has just confirmed that BHP is liable for one of Brazil’s most devastating environmental disasters, the collapse of the Fundão tailings dam, which occurred nearly a decade ago. This ruling marks a significant moment in the ongoing battle for justice for the victims, as BHP has announced plans to appeal the decision.
The court’s ruling comes in response to a class action lawsuit led by the law firm Pogust Goodhead, which represents over 620,000 claimants seeking compensation. The disaster, which took place in November 2015 near the city of Mariana, resulted in the tragic loss of 19 lives and unleashed 40 million cubic meters of toxic sludge into the environment.
Justice Finola O’Farrell ruled that BHP, as a co-owner of the Samarco mine, is indeed a “polluter” under Brazilian law, holding it accountable for the catastrophic consequences of the dam’s failure. Despite BHP’s assertion that the disaster was unforeseen and unavoidable, the court found that warnings about the dam’s structural issues were ignored, leading to this devastating outcome.
In a statement, BHP expressed confidence in its position, stating, “BHP intends to appeal the decision and will continue to defend the UK group action.” The company also highlighted its ongoing remediation efforts in Brazil since 2015, claiming to have already compensated over 610,000 individuals affected by the disaster.
The implications of this ruling are profound. “Today’s ruling delivers long-overdue justice to the thousands whose lives were torn apart,” stated Alicia Alinia, CEO of Pogust Goodhead. She emphasized that the decision sends a strong message to multinational corporations: negligence and disregard for safety cannot go unpunished.
The next stage in this complex legal battle involves assessing individual claims, a process that may not yield any payouts until 2029 or 2030. The stakes are high, as the total damages sought could reach as high as £36 billion (approximately $72.5 billion).
BHP’s liability has been characterized as a pivotal test of corporate accountability for environmental disasters. The ruling could set a significant precedent for future cases involving large corporations and their responsibilities towards local communities.
As this situation develops, observers will be closely monitoring BHP’s appeal process and its potential impact on the victims and their families. The urgency of the matter remains palpable as the court’s decision continues to resonate worldwide, sending ripples through the corporate landscape and environmental advocacy circles.
Stay tuned as this story unfolds, with further updates expected as BHP prepares its legal strategy in response to this landmark ruling.
