"She wrote that BHP, headquartered in Australia, bore responsibility even though it did not directly operate the dam at the time. BHP's Brazilian subsidiary co-owned the dam with Brazilian mining giant Vale, but it was operated by the separately created company Samarco. Judge Finola O'Farrell ruled the company had acted negligently by ignoring engineering warnings, failing to carry out recommended safety work and allowing the dam to be raised even as its waste became dangerously water-saturated."
"The ruling found the risk of the dam's collapse was "foreseeable." The deluge of thick, red toxic mud claimed the lives of 19 peopleImage: Christoph Simon/AFP "BHP's control of Samarco, their assumption of responsibility for risk assessment, management and control of the tailings dam, and their full participation in the tailings dam operations, gave rise to a legal duty to avoid harm caused by any act or omission that was negligent, imprudent or lacking in skill."
A UK High Court ruled that BHP is strictly liable for environmental damage and harm to third parties under Brazilian law for the 2015 Fundão dam collapse. The judgment found BHP bore responsibility despite not directly operating the dam, because its Brazilian subsidiary co-owned the dam and BHP exercised control through participation in operations. The court found negligence in ignoring engineering warnings, failing to perform recommended safety work and allowing the dam to be raised while tailings were water-saturated, making collapse foreseeable. The disaster released toxic mud, killed 19 people, and claimants seek substantial damages while BHP intends to appeal.
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