Mining conglomerate BHP has been held legally responsible by London's High Court for the catastrophic failure of the Fundão dam in Brazil nearly a decade ago, a disaster that represents the South American nation's worst environmental catastrophe.
The Landmark Ruling and Its Immediate Aftermath
In a significant judgment delivered on Friday 14 November 2025, Judge Finola O'Farrell ruled that BHP bears liability under Brazilian law for the dam's collapse. The case, which claimants' lawyers previously valued at up to £36 billion ($48.32 billion), represents one of the largest group litigation actions in English legal history.
The Fundão dam, situated near Mariana in southeastern Brazil, was jointly owned and operated by BHP and Vale's Samarco joint venture. Its devastating failure at 4.20pm on 5 November 2015 unleashed approximately 44.5 million cubic metres of toxic mining waste, creating a tidal wave of mud that cascaded through the hills of Minas Gerais state.
Unfolding Catastrophe: Environmental and Human Toll
The environmental impact was both immediate and far-reaching. Pollutants from the collapse were recorded as far as 668 kilometres (451 miles) away from the dam site, with the toxic sludge eventually flowing to the sea. The disaster completely inundated forests and polluted the entire length of the Doce River, a vital water source for the region.
The human cost was equally devastating. The collapse killed 19 people and left thousands homeless as villages were flattened by the torrent of mud. Indigenous communities, particularly the Krenak people, saw their way of life destroyed as the river that provided their irrigation, water, food and leisure was severely damaged.
Legal Battle and Corporate Response
The London lawsuit involves hundreds of thousands of Brazilian claimants, dozens of local governments and approximately 2,000 businesses. Judge O'Farrell determined that the decision to continue raising the dam's height when it was unsafe constituted the "direct and immediate cause" of its catastrophic failure.
BHP has confirmed it will appeal the decision and continue to fight the lawsuit. Brandon Craig, BHP's President Minerals Americas, stated that 240,000 claimants in the London lawsuit have already received compensation through Brazilian proceedings. He added, "We believe this will significantly reduce the size and value of claims in the UK group action."
The ruling concludes ten years of complex legal wrangling, offering potential closure for victims who have waited patiently for accountability regarding the disaster that irrevocably altered their lives and environment.
