Hosted by Sam Tobin
LONDON (Reuters) – The trial against BHP over Brazil’s worst environmental disaster, the 2015 Mariana dam collapse, will begin at London’s High Court, where plaintiffs are seeking up to 36 billion ($47 billion) in damages.
More than 600,000 Brazilians, 46 local governments, and about 2,000 businesses are suing BHP over the collapse of a dam in southeastern Brazil, which was owned and operated by BHP and Vale’s Samarco.
The collapse of the dam, which held mining waste known as tailings, unleashed a toxic tidal wave that killed 19 people, left thousands homeless, flooded forests, and polluted the length of the Doce River – considered sacred by the indigenous Krenak tribe. .
BHP, the world’s largest miner by market value, disputes the debt and says the London case, one of the largest in British legal history, replicates legal processes and compensation and redress schemes in Brazil.
It says about 8 million rands have been paid to those affected by the disaster through the Renova Foundation, which was established in 2016.
The Brazilian government is discussing a nearly $30 billion compensation deal with BHP, Vale and Samarco, miners said Friday.
Pogust Goodhead, the law firm representing the plaintiffs, said in a statement that the British case was “the only way to hold BHP accountable”.
“The British claim has made BHP finally accept that it needs to do more in Brazil but this proposed deal is going very well,” said Pogust Goodhead CEO, Tom Goodhead.
BHP said in a statement that it was “working with Brazilian authorities and others to find solutions to complete a fair and comprehensive compensation and rehabilitation process”.
The hearing at the High Court in London will last 12 weeks and will consider whether BHP is liable to the plaintiffs under Brazilian environmental law.
It will also consider whether the Brazilian municipalities involved in the case are allowed to bring legal action and the effect of any agreements reached with BHP by the plaintiffs involved in the British case.
The case had a complicated trial process: it was dismissed in 2020 before the Court of Appeal ruled that it should continue.
BHP and Vale also battled briefly in the English courts over potential liability, before reaching an agreement in July to split the bill for any potential damages.
