The case is considered the largest collective environmental lawsuits in the world

The trial in London over the Mariana tragedy, which left 19 people dead and threw 13,000 Olympic-sized swimming pools of toxic mud into the Rio Doce in 2015, began this Monday, 21st, amid a turbulent context of dispute in the Federal Supreme Court and criticism of the extrajudicial settlement offered to victims. The foreign court will decide, in a trial expected to last three months, on possible compensation for those affected by the waste tsunami. The case is considered the largest collective environmental lawsuits in the world.

In a statement, BHP says it works with the authorities and other parties “looking for solutions to finalize a fair and comprehensive compensation and reparation process, which maintains resources in Brazil for the people and Brazilian environment affected.” “BHP continues its defense of the legal action in the United Kingdom, which duplicates and undermines the efforts underway in Brazil”, highlighted the multinational.

Although the trial will take place in England, the basis of the London Court’s analysis will be Brazilian environmental and civil legislation. It is expected to last 12 weeks, including testimonies, oral arguments, presentation of evidence and testimony from experts, according to lawyers for the victims of the tragedies.

The action began in 2018, when around 620,000 victims filed the lawsuit. The chosen forum was England because it was the country where the multinational BHP was listed on the Stock Exchange. The company participated in Samarco – a consortium maintained with Vale, responsible for the barrier that was broken. In July 2022, the English Court declared itself competent to judge the case

In Brazil, the trial is being watched while the Federal Supreme Court deliberates whether municipalities can participate in legal actions abroad. The Brazilian Mining Institute asked the highest court to veto this possibility on the grounds that the cities seek to “escape” the Brazilian constitutional regime.

In the most recent move in this process, minister Flávio Dino prohibited municipalities with legal actions abroad, such as Mariana, from paying fees to foreign offices that represent them in actions outside the country. According to the minister, it is necessary for the highest court to examine the payments, considering the “consequences for part of the national public assets”.

In practice, the decision does not affect Mariana’s representatives abroad, nor the trial that began this Monday, the 21st. The office that represents the victims of the disaster in England, Pogust Goodhead, will only receive payment if the case wins. The bank also works in the cases of Brumadinho and the subsidence of neighborhoods in Maceió.

Furthermore, the trial begins in the aftermath of criticism from the Movement of People Affected by Dams to the renegotiation agreement presented on Friday, 18th, in a meeting with representatives of the federal government at the headquarters of the Ministry of Agriculture, in Belo Horizonte.

The renegotiation agreement presented has a total value of R$167 billion, with R$100 billion of new amounts to be paid over 20 years, says MAB, which criticizes the deadline – “a low value to be spread over two decades”. According to the group, the offer implies individual compensation between R$13 and R$30 thousand for those affected.

The collapse of Samarco’s Fundão dam was a tragedy and our deep solidarity remains with the families and communities affected.

The Renova Foundation, created in 2016 as part of the first agreement with Brazilian public authorities, has already allocated more than R$38 billion in emergency financial aid, compensation, environmental repair and infrastructure for approximately 430,000 people, local companies and indigenous communities and quilombolas.

BHP refutes the allegations about the level of control in relation to Samarco, which has always been a company with independent operation and management. We continue to work closely with Samarco and Vale to support the ongoing reparation and compensation process underway in Brazil.

BHP Brazil is working collectively with Brazilian authorities and other parties seeking solutions to finalize a fair and comprehensive compensation and reparation process that keeps resources in Brazil for the people and Brazilian environment affected. BHP continues its defense of the legal action in the United Kingdom, which duplicates and undermines ongoing efforts in Brazil.