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London High Court rules BHP liable for deadly 2015 dam collapse in Brazil
A London High Court judge has found mining giant BHP responsible for the catastrophic 2015 collapse of the Fundão dam in Mariana, Brazil, which killed 19 people, displaced hundreds, and caused the country's worst environmental disaster. The ruling stems from a £36 billion ($48 billion) civil lawsuit filed by over 600,000 claimants, including individuals, local governments, and businesses affected by the toxic sludge spill.
The disaster and its aftermath
The dam, operated by Samarco-a joint venture between BHP and Brazilian miner Vale-burst on November 5, 2015, releasing tens of millions of cubic meters of iron ore waste. The torrent of toxic mud obliterated homes, poisoned the Doce River, and left communities in ruins. Judge Finola O'Farrell determined that BHP's decision to raise the dam's height despite safety risks was the "direct and immediate cause" of the collapse, establishing liability under Brazilian law.
BHP has vowed to appeal the decision, arguing that many claimants in the London case have already received compensation through Brazil's Renova Foundation, a reparations program funded by BHP and Vale. The company insists the UK lawsuit duplicates ongoing efforts in Brazil, where it claims 240,000 plaintiffs have been compensated.
Legal battles and allegations of exploitation
The lawsuit, led by UK-based firm Pogust Goodhead, faced scrutiny after a Brazilian judge accused the firm of exploiting "hypervulnerable" victims. Critics, including former Brazilian ambassador Rubens Barbosa, alleged Pogust Goodhead misled claimants with contracts containing "abusive clauses," such as excessive fees and penalties for withdrawing from agreements. The firm denied wrongdoing, calling the accusations "without merit."
Pogust Goodhead countered that BHP and Vale pressured victims into accepting settlements "far below their true value" and sought £1.3 billion in unpaid fees, citing a 2024 $30.3 billion compensation deal that allegedly barred claimants from consulting outside lawyers. BHP dismissed these claims as "meritless" and reaffirmed Brazil as the "most appropriate" venue for resolution.
"Supplies have stabilized, but conservation remains essential."
Brandon Craig, President of BHP Minerals Americas, in a statement rejecting Pogust Goodhead's allegations
Parallel claims and ongoing compensation
Beyond the London case, a separate lawsuit targeting Vale-Samarco's other parent company-is underway in the Netherlands, with over 70,000 plaintiffs. Meanwhile, the Renova Foundation reports disbursing billions in reparations, including cash payments and relocations to a newly built city replacing the destroyed town of Novo Bento. As of June 2025, BHP and Vale claimed settlements with roughly 130,000 Brazilians.
The High Court's ruling marks a pivotal moment in the decade-long legal saga, though BHP's appeal ensures further delays. Observers note the case underscores tensions between global corporate accountability and local reparations, with vulnerable communities caught in the crossfire.
