A recent legal ruling in London has held mining company BHP accountable for one of Brazil’s worst environmental disasters, the collapse of the Fundao dam. This catastrophic event occurred nearly ten years ago, resulting in devastating consequences for indigenous communities. Judge Finola O’Farrell of the High Court determined that BHP’s actions in raising the dam’s height were a direct cause of the disaster.
Background of the Fundao Dam Collapse
On November 5, 2015, the Fundao tailings dam, located near Mariana in Minas Gerais, Brazil, collapsed. This incident released approximately 40 million tons of toxic sludge, which devastated the nearby town of Bento Rodrigues and contaminated the Doce River. The flood resulted in 19 fatalities, displaced around 600 residents, and caused significant environmental damage.
Legal Proceedings and Impacts
The lawsuit, initiated by the international law firm Pogust Goodhead on behalf of claimants, represents one of the largest civil claims in England’s legal history. With over 620,000 victims, the case aims to hold corporations accountable for environmental destruction. BHP has announced plans to appeal the ruling, citing duplicative legal proceedings related to settlements in Brazil.
Statements from Affected Parties
- Gelvana Rodrigues da Silva, a mournful mother, expressed, “Finally, justice has begun to be served.”
- Shirley Djukurna Krenak, an indigenous leader, criticized international climate summits, stating they overlook the realities faced by indigenous communities.
Ongoing Environmental Issues
The aftermath of the disaster continues to affect the environment and local communities. The toxic sludge not only contaminated the Doce River but also traveled towards the Atlantic Ocean, impacting water supplies and ecosystems. Despite compensation efforts, reconstruction has experienced significant delays.
Settlement and Future Developments
In October 2024, Brazil’s government reached a 132 billion Brazilian real (£20 billion) compensation agreement involving Samarco, Vale, and BHP to fund social and environmental repairs. This agreement may impact the London lawsuit, potentially reducing its scale by half. A second trial to establish the damages BHP must pay is scheduled to commence in October 2026.
The Fundao dam disaster remains a crucial case for environmental justice and corporate accountability in Brazil and beyond. The ruling may set a precedent for future cases concerning environmental degradation and corporate responsibility.
