In a decisive blow to the world’s largest mining company, London’s Court of Appeal ruled on May 6, 2026, that BHP cannot appeal a previous judgment holding it responsible for the 2015 Fundão dam collapse. The decision effectively closes the door on the company’s efforts to avoid legal accountability in British courts for what is considered Brazil’s worst environmental disaster. +1
The ruling moves the focus from whether BHP is responsible to how much it will have to pay in damages to hundreds of thousands of victims.
Key details of the ruling and its impact:
- “No Real Prospect of Success”: The Court of Appeal rejected BHP’s application, stating there was “ample evidence” to support the original High Court ruling. The judges found that BHP’s grounds for appeal were not “reasonably arguable,” bringing the ordinary appeal process to an end. +1
- A Landmark Precedent: The case has fundamentally changed the legal landscape for multinational corporations. It confirms that a company listed on a foreign stock exchange (like the London Stock Exchange) can be held liable in that country’s courts for environmental disasters occurring elsewhere in the world. +1
- The Scale of the Disaster: The 2015 collapse of the Fundão dam, operated by the BHP-Vale joint venture Samarco, released 40 million cubic meters of toxic tailings. The spill killed 19 people, destroyed entire villages, and polluted the 650-kilometer Doce River all the way to the Atlantic Ocean. +1
- Next Steps—The Damages Phase: With liability now firmly established, the litigation will proceed to “Stage 2.” A trial to determine the specific amount of damages to be paid to the roughly 700,000 claimants is scheduled to begin in April 2027.
- BHP’s Defense: Despite the ruling, BHP maintains that a 170 billion real ($34.6 billion) compensation agreement signed in Brazil in 2024 is the most efficient way to handle reparations. The company claims that about 40% of the UK claimants have already received some form of compensation in Brazil, which may reduce the eventual UK payout.
This ruling is a significant victory for the victims and their legal representatives, who have argued for over a decade that the mining giant must be held accountable in its home jurisdictions for its global operations.