Full Breakdown
BHP's Legal Battle Over 2015 Brazil Dam Collapse Continues
1/19/2026, 9:17:29 PM
High Court Ruling on Liability
On January 19, 2026, the High Court in London denied BHP Group's request to appeal a ruling that found the company liable for the 2015 collapse of the Fundão dam in Mariana, Brazil. The dam, owned and operated by BHP and Vale's Samarco joint venture, collapsed, unleashing a wave of toxic sludge that resulted in the deaths of 19 individuals, left thousands homeless, and caused extensive environmental damage along the Doce River. The lawsuit, which is one of the largest in English legal history, has been valued by claimants' lawyers at up to £36 billion ($48.26 billion).
Background of the Case
The legal proceedings have been ongoing for several years, with jurisdictional issues delaying the case. In November 2025, Justice Finola O'Farrell ruled that BHP was liable under both environmental law and the Brazilian civil code. The ruling concluded that BHP should not have continued to raise the height of the dam, which ultimately led to its failure. Following this decision, BHP's president of minerals Americas, Brandon Craig, indicated the company's intention to appeal.
Next Steps in the Legal Process
Despite the High Court's refusal to grant permission for an appeal, BHP announced plans to take its case directly to the Court of Appeal. A spokesperson stated, "BHP will continue to robustly defend the remaining phases of this action in parallel." The company has 28 days from the High Court's decision to file its application with the Court of Appeal, which it plans to do in the coming weeks. A further trial to determine damages is scheduled to begin in October 2026, with a ruling expected by mid-2027.
Criticism and Support for Claimants
The ruling has been met with support from the legal representatives of the claimants. Jonathan Wheeler, a partner at Pogust Goodhead, which represents over 700,000 affected individuals, stated that the decision reinforces the strength of the High Court's findings and brings the claimants closer to obtaining redress for the harm suffered. Conversely, BHP has indicated that approximately 240,000 claimants in the UK group action have already received compensation in Brazil, suggesting that this may reduce the number of claimants involved in the UK proceedings by about half.
Conflicting Reports and Financial Implications
While BHP maintains its stance on the appeal, the financial implications of the lawsuit are significant. The claimants are also seeking nearly £200 million in legal fees following their initial victory. The ongoing legal battle raises questions about the potential financial burden on BHP and the broader implications for corporate accountability in environmental disasters.
Verbatim Quotes
- “Today’s decision reinforces the strength and robustness of the High Court’s findings and brings hundreds of thousands of claimants a step closer to redress for the immense harm they have suffered.” — Jonathan Wheeler, Partner at Pogust Goodhead
- “We will take our appeal to the Court of Appeal,” — BHP Spokesperson
- “BHP will continue to robustly defend the remaining phases of this action in parallel.” — BHP Spokesperson
This legal saga continues to unfold, with significant attention on the outcomes of the upcoming trials and the implications for both BHP and the affected communities in Brazil.
