High Court rules company liable for Brazil dam collapse – the country’s worst environmental disaster

A judge has ruled that a company can be held liable for a dam collapse which devastated indigenous communities in Brazil and became the country’s worst environmental catastrophe.

At the High Court in London, Judge Finola O’Farrell ruled that mining giant BHP should not have continued to raise the height of the Fundao Dam before its collapse.

This, she ruled, was “a direct and immediate cause” of the disaster. BHP said immediately after that it would appeal the decision.

The case was brought in British courts because BHP was listed on the London Stock Exchange at the time of the collapse.

Brought by the international law firm Pogust Goodhead on behalf of hundreds of thousands of victims, the claim marks the first time any of the mining companies behind the dam have been held legally responsible for the disaster.

The dam’s collapse released approximately 40 million tons of toxic sludge, including arsenic, which spread 370 miles along the Doce River and out to sea. In total, 19 people died, while hundreds of homes were destroyed.

The case has become the largest environmental group action in English legal history, representing a significant milestone for holding corporations accountable and advancing environmental justice.

Gelvana Rodrigues da Silva, who lost her seven-year-old son Thiago in the flood, said in a statement: “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 in England

The Fundao Dam near the city of Mariana was operated by Samarco, a joint venture between BHP and Brazilian company Vale.

Its collapse happened almost 10 years ago to the day.

With 620,000 claimants, the case is one of the largest civil claims ever lodged in England and Wales.

Brazil is currently hosting the COP30 climate summit in the Amazonian city of Belem, aiming to position itself as a climate leader and champion of indigenous rights.

Shirley Djukurna Krenak, an indigenous leader whose community has lived for generations along the Doce River, said the summit is removed from the realities faced by indigenous peoples, and full of “greenwashing” and false promises.

“If all the previous COPs had worked, we wouldn’t still be talking about crimes like this,” she said.

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In October 2024, Brazil’s government and the states of Minas Gerais and Espirito Santo signed a 132bn Brazilian real (£20bn) compensation settlement with Samarco, Vale and BHP, to fund social and environmental repairs.

BHP had argued that the court case in Britain duplicates other legal proceedings and reparations work.

Reacting to Friday’s judgment, the company said that settlements in Brazil would reduce the size of the London lawsuit by about half.

Vale, the co-owner of the company operating the dam, announced after the verdict that it estimated an additional expense of about $500m (£381m) in its 2025 financial statements to cover obligations linked to the disaster.

A second trial to determine the damages BHP is liable to pay is due to begin in October 2026.

How the Mariana dam disaster unfolded

On 5 November 2015, the Fundao tailings dam collapsed in Minas Gerais, Brazil.

It released approximately 40 million tons of toxic sludge, including arsenic, which buried the small town of Bento Rodrigues and poured pollution into the Doce River.

The mud travelled so quickly that residents did not have time to escape, and it killed 19 people. Around 600 people lost their homes.

The toxic waste made its way to the Atlantic Ocean, destroying water supplies, vehicles, habitats, livestock and livelihoods.

Ten years later, reconstruction and reparations have dragged on through legal disputes, and the indigenous Krenak people are still struggling to live along the Doce River that remains contaminated with heavy metals.