Largest Class Action in UK Legal History Set to Begin: BHP Faces $44 Billion Claim Over Brazil’s Mining Disaster
The largest class action lawsuit in English history is set to begin later this month, as BHP, the global Anglo-Australian mining giant, faces charges over its role in the devastating 2015 Brazil mining disaster. The suit, representing over 620,000 claimants, could see damages reach an astounding £33.6 billion ($44 billion). This case is poised to be a landmark in environmental justice and corporate accountability on the world stage.
Tragedy and Environmental Catastrophe in Brazil
The case against BHP centers on the catastrophic collapse of the Fundão tailings dam at the Samarco Mariana Mining Complex in Minas Gerais, Brazil, in 2015. The disaster took 19 lives, displaced entire communities, and wreaked environmental havoc across the region. Toxic mining waste, known as tailings, flooded the villages of Bento Rodrigues and Paracatu de Baixo, leaving hundreds homeless and devastating 1,469 hectares of riparian forest. This toxic slurry flowed over 390 miles downriver, polluting the Doce River all the way to the Atlantic Ocean and wiping out entire fish populations, leaving untold damage in its wake.
The Largest Class Action Ever Filed in the UK
This class action represents a wide swath of victims, including over half a million individuals, 46 municipalities, 2,000 businesses, and 65 religious institutions. This makes it the largest of its kind in UK history. The suit is set to argue that BHP’s 50 percent stake in Samarco, the company managing the dam, makes it partly responsible for the disaster. BHP has publicly denied direct operational control over Samarco, noting its role as a “non-operating joint-venture partner.” Despite this, they now face potentially record-breaking damages in the upcoming trial.
A company spokesperson from BHP addressed the tragedy, extending sympathies to the affected families and communities, while maintaining that BHP neither owned nor operated the dam itself.
A Global Ripple Effect: Lawsuits and Lobbying Abroad
The scale of this disaster has spurred legal actions beyond UK borders. In the Netherlands, an ongoing lawsuit targets BHP’s Brazilian partners, Vale SA and Samarco Iron Ore Europe, with claimants seeking $4 billion in compensation. Meanwhile, Brazilian Indigenous leaders, impacted by the disaster, recently traveled to Australia to rally support from Parliament members and environmental groups as the English trial approaches. Additionally, the Brazilian government recently announced talks regarding a potential $18 billion payout from the companies involved in the dam collapse, signaling ongoing efforts for justice on multiple fronts.
An Environmental Reckoning for Big Mining?
BHP, one of the world’s largest mining companies, is listed on both the London and Australian stock exchanges and headquartered in Melbourne. As the third-largest mining firm by revenue in 2023, this case not only poses a significant financial risk but could also reshape how large corporations address environmental liability and responsibility. While BHP has not yet provided additional comment, the company’s approach to the case will likely shape its global reputation and corporate practices in the years to come.
The outcome of this trial could set a precedent for how environmental damages are addressed globally, signaling a shift towards holding corporations accountable for ecological and human costs. For Brazil’s people and ecosystems, this long-fought battle may bring a step closer to healing and justice.