LONDON, May 6 — BHP cannot appeal against a UK ruling that it is liable for the 2015 collapse of a dam in south-eastern Brazil, London’s Court of Appeal ruled today.
In November, London’s High Court ruled BHP was legally responsible for the collapse of the Fundao dam in Mariana, south-eastern Brazil, which was owned and operated by Samarco, a joint venture between Australia-headquartered BHP and Brazilian company Vale.
Brazil’s worst environmental disaster unleashed a wave of toxic sludge that killed 19 people, left thousands homeless, flooded forests and polluted the length of the Doce River.
Last year, the High Court ruled that BHP was liable under Brazilian law for the collapse of the dam, with BHP’s application for permission to appeal that ruling was refused in January by the High Court.
BHP applied directly to the Court of Appeal, arguing the trial judge failed to engage with the company’s arguments.
But the Court of Appeal refused permission today, saying in a written ruling that there was “ample evidence” to justify the High Court’s findings.
The initial stage of the case was to determine whether BHP was liable to the claimants, with a further trial to decide on any damages to be paid expected to begin in April 2027. — Reuters
