England's High Court of Justice has ruled that BHP Mining is liable for the catastrophic failure of the Fundão Dam in Brazil, an event considered the country's worst environmental disaster. Justice Finola O’Farrell found the collapse, which killed 19 people, was reasonably foreseeable, rejecting BHP's claim that it was a sudden accident. The court noted the dam showed clear signs of distress, including seepage and cracking, more than a year before its 2015 rupture.
The ruling applied Brazilian environmental law, which imposes strict liability on polluters. The court determined that BHP, which owned half of the operating company Samarco, fell within Brazil's broad legal definition of a polluter due to its control, economic benefit, and...