High Court Rules Firm Liable for Brazil Dam Disaster That Killed 270
A company has been found legally responsible for a catastrophic dam collapse in Brazil that destroyed entire communities and triggered the country’s worst environmental disaster.
Judge Finola O’Farrell, sitting at the High Court in London, ruled on Friday that mining giant BHP should not have continued raising the height of the Fundao Dam before its failure in 2015. The judge said this decision was a direct and immediate cause of the collapse.
BHP said shortly after the ruling that it intends to appeal.
The landmark case was brought in the United Kingdom because BHP was listed on the London Stock Exchange at the time of the incident.
The claim was filed by international law firm Pogust Goodhead on behalf of hundreds of thousands of victims. It marks the first time any of the companies involved in the dam’s operation has been held legally responsible for the disaster. It has also become the largest environmental group action in the history of English courts, viewed as a major step for corporate accountability and environmental justice.
Gelvana Rodrigues da Silva, who lost her seven, year old son Thiago when the floodwaters hit, said: “Finally, justice has begun to be served, and those responsible have been held accountable for destroying our lives.”
One of the largest civil claims ever brought in England
The Fundao Dam, located near the city of Mariana, was operated by Samarco, a joint venture between BHP and Brazilian company Vale.
The collapse happened almost exactly ten years ago and is widely described as the worst environmental disaster in Brazil’s history.
It released an avalanche of toxic waste that travelled more than 370 miles along the Doce River and out into the Atlantic Ocean.
With around 620,000 claimants, the case ranks among the largest civil actions ever filed in England and Wales.
Brazil is currently hosting the COP30 climate summit in the Amazonian city of Belem, aiming to present itself as a global climate leader and a defender of indigenous rights.
However, Shirley Djukurna Krenak, an indigenous leader whose community has lived along the Doce River for generations, said the summit feels disconnected from the realities faced by indigenous peoples. She criticised what she described as greenwashing and repeated false promises.
“If all the previous COPs had worked, we would not still be talking about crimes like this,” she said.
Major settlement in Brazil
In October 2024, Brazil’s federal government and the states of Minas Gerais and Espirito Santo agreed a 132 billion Brazilian real (20 billion pound) compensation settlement with Samarco, Vale and BHP to fund long term social and environmental repairs.
BHP has argued that the UK case duplicates existing legal actions and reparation work in Brazil. The company said on Friday that the extensive settlements already in place would reduce the size of the London lawsuit by around half.
Vale, the co, owner of the dam operator, said following the judgment that it expects additional expenses of around 500 million dollars in its 2025 financial statements to cover obligations linked to the disaster.
More about: Brazil’s worst environmental disaster
A second trial to determine how much BHP must pay in damages is scheduled to begin in October 2026.
How the Mariana dam disaster unfolded
On 5 November 2015, the Fundao tailings dam in Minas Gerais suddenly collapsed.
It released about 40 million tons of toxic sludge, including arsenic, which engulfed the nearby village of Bento Rodrigues.
The mud moved so rapidly that residents had no time to escape. Nineteen people were killed and around 600 people lost their homes.
The waste surged through the Doce River system and eventually reached the Atlantic Ocean. It destroyed water supplies, vehicles, crops, habitats, livestock and entire livelihoods.
Almost ten years later, reconstruction efforts and compensation processes remain slow, hindered by legal disputes and corporate disagreements.
The indigenous Krenak people continue to struggle to live beside the Doce River, which remains contaminated with heavy metals long after the disaster.
