British court holds mining giant bhp liable for catastrophic brazilian dam collapse that killed 19

Nearly a decade after one of Brazil’s worst environmental disasters, a British court has ruled that Australian mining giant BHP bears legal responsibility for the devastating 2015 dam collapse that killed 19 people and poisoned waterways across southeastern Brazil.

On November 14, UK High Court Judge Finola O’Farrell delivered a damning 222-page ruling, finding that “negligence, carelessness or lack of skill” caused the failure of the Fundão tailings dam in Mariana, Minas Gerais state. The collapse unleashed a toxic torrent of 40 million cubic meters of mining waste that swept through downstream communities and contaminated rivers for over 400 miles. “The risk of collapse of the dam was foreseeable,” Judge O’Farrell wrote, adding that the disaster “could have been averted” if proper precautions had been taken.

The landmark case represents the largest environmental class action lawsuit in UK legal history, with more than 610,000 people, 32 Brazilian municipalities, and 1,400 businesses seeking compensation from BHP. The mining company owns a 50% stake in Samarco, which operated the failed dam alongside Brazilian state-owned Vale.

For survivors like Gelvana Rodrigues, whose 7-year-old son Thiago died in the mudslide, the ruling validates years of seeking accountability. “The judge’s decision shows what we have been saying for the last 10 years: It was not an accident, and BHP must take responsibility for its actions,” Rodrigues said. The court’s decision opens the door for potentially billions in compensation payments to affected communities still dealing with the disaster’s ongoing environmental and health impacts.