In a landmark environmental ruling, London's High Court has determined that mining corporation BHP can be held legally accountable for the catastrophic collapse of the Fundão dam in Brazil nearly a decade ago.
Court finds company negligence caused disaster
Judge Finola O'Farrell delivered the significant verdict on Friday 14th November 2025, concluding that BHP should not have continued raising the dam's height before its failure. The court found this decision represented "a direct and immediate cause" of the environmental catastrophe that followed.
The legal action reached British courts because BHP was listed on the London Stock Exchange at the time of the dam's collapse in November 2015. International law firm Pogust Goodhead brought the case forward representing hundreds of thousands of affected individuals.
Scale of destruction and ongoing impact
The Fundão dam disaster near Mariana, Brazil, unleashed approximately 40 million tons of toxic sludge containing dangerous substances including arsenic. The deluge buried the small community of Bento Rodrigues entirely and poured contamination into the Doce River system.
Tragically, 19 people lost their lives while around 600 residents saw their homes destroyed. The toxic waste travelled an astonishing 370 miles along the Doce River before reaching the Atlantic Ocean, devastating water supplies, wildlife habitats, livestock and local livelihoods along its path.
This case has become the largest environmental group action in English legal history, involving an unprecedented 620,000 claimants seeking justice for what has been described as Brazil's worst environmental disaster.
Corporate response and broader implications
BHP responded to the ruling by immediately announcing its intention to appeal the decision. The mining giant has maintained that the British legal proceedings duplicate other compensation arrangements and reparation work already underway.
In October 2024, Brazilian authorities and the states of Minas Gerais and Espírito Santo agreed to a 132 billion Brazilian real (£20 billion) compensation settlement with Samarco, Vale and BHP to fund environmental and social restoration projects.
The Fundão dam was operated by Samarco, a joint venture between BHP and Brazilian mining company Vale. This ruling represents the first instance where any mining company connected to the dam has been held legally responsible for the disaster in a court of law.
This landmark judgment arrives as Brazil hosts the COP30 climate summit in Belém, aiming to position itself as a climate leadership nation and defender of indigenous rights. However, indigenous communities affected by the dam collapse continue to struggle with the ongoing contamination of their traditional lands and waterways.
