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High Court Finds BHP Liable for 2015 Fundão Dam Collapse in Brazil

The judgment applies Brazilian environmental and civil law to BHP’s role, moving the UK group action into a separate damages phase next year.

Overview

  • Mrs Justice Finola O’Farrell found BHP strictly liable as a 'polluter' and liable for fault, citing the unsafe raising of the dam as the direct cause of collapse.
  • BHP said it will appeal and argues prior payouts in Brazil mean about 240,000 claimants in the UK case have already been compensated.
  • The case covers more than 600,000 people, municipalities and businesses seeking up to £36 billion, with a damages trial scheduled for October 2026.
  • The court said those paid under Brazilian programs may still bring claims, though any waivers could limit awards, alongside a 132 billion reais reparations deal with Samarco.
  • The 2015 disaster killed 19 people and sent over 40 million cubic metres of mine waste down the Doce River, devastating communities including the Krenak.