A U.K. judge has found that the Australian multinational mining company BHP is liable for a 2015 dam collapse in southeastern Brazil. The incident killed 19 people and unleashed at least 40 million cubic meters (almost 1.8 billion cubic feet) of toxic mine tailings onto downstream towns and waterways for 675 kilometers (419 miles).
In a Nov. 14 ruling, U.K. High Court judge Finola O’Farrell found that negligence, carelessness or lack of skill led to the collapse of the Fundão tailings dam. Located in the city of Mariana in Brazil’s Minas Gerais state, the dam failure is considered one of the largest environmental disasters in Brazilian history.
“The risk of collapse of the dam was foreseeable,” O’Farrell wrote in her 222-page ruling. “It is inconceivable that a decision would have been taken to continue raising the height of the dam in those circumstances and the collapse could have been averted.”
More than 610,000 people, along with 32 Brazilian municipalities and around 1,400 businesses were represented in the court case against BHP, making it the largest environmental class action lawsuit in U.K. history. BHP owns 50% of Samarco, the company that operated the tailings dam; the other half is owned by state-owned Brazilian mining company Vale.
“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,” said Gelvana Rodrigues, a local resident whose 7-year-old son, Thiago, was killed in the mudslide. Her statement was shared by Pogust Goodhead, the law firm representing the claimants.
After the tailings dam broke, the entire region was flooded with toxic mining waste. The downstream towns of Bento Rodrigues and Paracatu de Baixo were devastated. Crops and drinking water for millions of people were contaminated.
A recent study found elevated levels of arsenic, manganese, cadmium and other metals were present in wildlife in the region nine years after the incident.
In the next phase of the trial, a judge will decide on the amount that needs to be paid to the claimants. Pogust Goodhead is seeking $47 billion in compensation. Vale has agreed to pay half of any compensation that may be awarded against BHP.
BHP said it intends to appeal the decision and will continue to defend the company against the class action lawsuit.
Banner image: Aftermath of the Mariana Dam collapse in Minas Gerais. Image by Cai Santo via Flickr (CC BY-NC-SA 2.0).
