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Article

13 Oct 2024

Author:
Daniel Boffey, Guardian (UK)

UK: Hearing in lawsuit by 620,000 individuals against BHP over 2015 Mariana dam collapse in Brazil to start on 21 Oct

"BHP to face 620,000 claimants in Mariana dam collapse trial in London", 13 October 2024

The mother of a seven-year-old boy who was torn from the arms of his grandmother and drowned in one of Brazil’s worst environmental disasters is among more than 620,000 claimants who will have their case heard this month in the largest group claim in English legal history...

Gelvana Aparecida Rodrigues da Silva..., lost her son... on 5 November 2015 when the Fundão dam, near Mariana in eastern Brazil, collapsed, releasing about 50m cubic metres of toxic waste.

The avalanche of water reached the small community of Bento Rodrigues within minutes, killing 19 people...

The iron ore waste stored in the dam rapidly moved down various watercourses, spilling over their banks and into the neighbouring municipalities of Mariana, Barra Longa, Rio Doce and Santa Cruz do Escalvado.

It destroyed bridges, roads, houses, factories and other commercial premises, as well as farmland, wildlife and historic churches containing priceless artefacts.

About 620,000 individuals, 46 Brazilian municipalities, 2,000 businesses and 65 faith-based institutions are to claim damages from the Anglo-Australian mining company BHP at a high court trial in London scheduled to be heard over 12 weeks, from 21 October.

...[T]he international law firm Pogust Goodhead, which is representing the claimants, said they will argue that BHP is liable as a 50% shareholder in Samarco, the joint venture company responsible for managing the Fundão tailings dam.
It is further claimed that BHP, who were in a joint venture with the Brazilian iron-ore mining company Vale, were negligent in that although “they were aware of the risks of the dam collapsing, they funded its expansion”, Goodhead said. The claimants are seeking up to $44bn (£33.6bn) in compensation.

BHP, along with Vale and Samarco, established the Renova Foundation to provide compensation for individuals and some small businesses for loss and damages, as well as mitigating environmental impacts. The company said it would defend the legal action...

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