Nearly nine years after Brazil's most devastating environmental disaster, victims have taken their fight for compensation to a United Kingdom court. On November 5, 2015, a mining dam owned by Samarco, a joint venture between mining giants BHP and Vale SA, collapsed, releasing tonnes of toxic waste into the Doce River. This catastrophic event killed 19 people, wiped out entire communities, and severely polluted the environment.
On Monday, the High Court of Justice in London began hearing a class-action lawsuit seeking £36 billion ($47 billion) in damages from BHP, marking what could become the largest environmental compensation payout in history. The plaintiffs, represented by the law firm Pogust Goodhead, accuse BHP of being responsible for the disaster, given its 50% stake in Samarco.
“BHP is a polluter and must therefore pay,” argued lawyer Alain Choo Choy in written submissions.
However, BHP’s legal team denied the claims, stating that the company neither owned nor operated the dam and had no knowledge of its instability. BHP's lawyer, Shaheed Fatima, argued that the lawsuit lacks merit and overlaps with legal proceedings already underway in Brazil.
The 2015 dam collapse unleashed a tidal wave of mining waste equivalent to filling 13,000 Olympic-sized swimming pools. The toxic sludge traveled over 660 kilometers (410 miles), destroying communities and killing 14 tonnes of freshwater fish in the Doce River. The disaster left an indelible mark on the region, with survivors like Monica dos Santos, a prominent activist, stating that the ongoing aftermath has been worse than the initial devastation. Some survivors have faced psychological and personal struggles, turning to alcohol or drugs in the aftermath.
In response to the trial, BHP and its partner Vale SA have announced they are negotiating a settlement with Brazilian authorities, which could total $31.7 billion for victims, communities, and environmental recovery efforts. This includes $7.9 billion already paid and an additional $18 billion to be paid over 20 years.
Nevertheless, Pogust Goodhead emphasized that the ongoing settlement discussions should not impact the UK trial, arguing that the companies involved are trying to evade justice.
Survivors, like Priscila Monteiro, who lost her five-year-old niece in the disaster, are hoping the London trial will finally bring recognition to the tragedy’s impact. "God put the people from London on our path because there is no justice in Brazil. Now our last hope is them," Monteiro said tearfully.
For many, the UK court represents the final avenue for justice, as victims continue to seek compensation for their unimaginable losses and the long-lasting environmental damage caused by the disaster.
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