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 role in financing the operation. This established the company's responsibility regardless of direct fault.
This judgment sets a significant precedent for holding multinational corporations accountable in their home courts for overseas operations. The dam collapse released a massive volume of mining waste into the Doce River, devastating local biodiversity, destroying native vegetation, and causing extensive socio-economic damage. The decision overcomes a previous legal hurdle where BHP had argued the UK lawsuit duplicated proceedings in Brazil.
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 role in financing the operation. This established the company's responsibility regardless of direct fault.
This judgment sets a significant precedent for holding multinational corporations accountable in their home courts for overseas operations. The dam collapse released a massive volume of mining waste into the Doce River, devastating local biodiversity, destroying native vegetation, and causing extensive socio-economic damage. The decision overcomes a previous legal hurdle where BHP had argued the UK lawsuit duplicated proceedings in Brazil.
