The global mining giant BHP has suffered a significant legal defeat after a London appeals court refused to grant the company permission to challenge a ruling regarding the 2015 Fundão dam collapse. This decision means the court upholds a previous finding that BHP is liable for the disaster, paving the way for a massive damages trial in the United Kingdom.
The disaster occurred in 2015 when a tailings dam at the Germano iron ore mine—operated by Samarco, a joint venture between BHP and Vale—burst. The collapse unleashed a torrent of toxic mining waste that killed 19 people, destroyed several villages, and caused catastrophic environmental damage to the Doce River and the Atlantic Ocean.
BHP had sought to appeal a 2024 High Court judgment which concluded that the company could be held responsible under Brazilian law. The mining firm argued that the UK lawsuit was unnecessary and duplicated legal efforts already underway in Brazil, where it recently reached a multi-billion dollar settlement with the Brazilian government.
However, the Court of Appeal judges disagreed, stating that BHP’s arguments lacked a “real prospect of success.” They emphasized that the hundreds of thousands of claimants—including Indigenous groups, local governments, and individuals—have a legitimate right to pursue justice in English courts.
While BHP maintains that reparations are best handled through the established frameworks in Brazil, this ruling sets the stage for a second phase of litigation in London. Scheduled to begin in 2027, this next trial will focus on determining the specific financial compensation BHP must pay to the more than 600,000 victims seeking damages for their losses and the destruction of their livelihoods.