Victims of Brazil’s worst environmental disaster are seeking justice in a UK court, nearly nine years after a catastrophic incident that saw toxic mining waste pouring into a major waterway, resulting in the loss of 19 lives and significant devastation to local communities.
The class-action lawsuit, taking place at the High Court in London, is aimed at securing an estimated £36 billion ($47 billion) in damages from the global mining company, BHP. This claim, represented by the law firm Pogust Goodhead, would mark the largest environmental payout to date.
BHP holds a 50% stake in Samarco, the Brazilian firm in charge of the iron ore mine where a tailings dam failed on November 5, 2015, unleashing a massive volume of mine waste into the Doce River in southeastern Brazil. The legal action was initiated in the UK due to one of BHP’s main legal entities being headquartered in London at the time.
The court proceedings follow BHP’s recent announcement about negotiating a potential settlement with public authorities in Brazil, along with partner Vale SA, amounting to $31.7 billion to aid those affected and to address environmental damage.
Despite this negotiation, Pogust Goodhead has clarified that the ongoing UK case remains unaffected by any settlements reached in Brazil. The law firm criticised the timing of the potential agreement as an attempt to impede the victims’ quest for justice, highlighting the companies’ actions over the past nine years as lacking in accountability.
While BHP maintains a stance deeming the UK legal action redundant due to existing reparation efforts and legal processes in Brazil, the devastating impact of the disaster is undeniable. It obliterated villages, eradicated vast quantities of freshwater fish, and left a 660-kilometer stretch of the Doce River damaged, as per a study from the University of Ulster.
The river, revered by the Krenak Indigenous community as sacred, continues to suffer from severe pollution, indicating a long road to recovery. The quest for accountability and restitution for the victims of this environmental tragedy remains ongoing and is now being deliberated in the UK legal system.