LEADERSHIP

BHP hit with record UK lawsuit

Miner "woefully negligent", according to claim

Staff reporter

This article is 5 years old. Images might not display.

The lawsuit was served on BHP overnight in the UK by SPG Law, which is representing more than 200,000 Brazilian claimants, including municipal governments, utility companies, indigenous tribes and the Catholic Church.

The November 2015 dam collapse at the Samarco-run Fundão dam caused a mudslide that killed 19 people, destroyed villages and caused environmental damage.

Vale is a 50% partner in Samarco.

BHP and Vale formed the Renova Foundation, a not-for-profit which is carrying out the ongoing remediation works and compensation programs.

The suit alleges BHP "knew of the risks" surrounding the deteriorating condition of the dam in the years prior to its collapse, yet was "woefully negligent".

It accuses BHP of being aware of escalating safety concerns surrounding the dam's integrity, failing to act on repeated warnings from experts, and continuing to increase iron ore production, which boosted the dam's water levels.

SPG said BHP put financial gain over human and environmental risk.

SPG partner Tom Goodhead said the repeated warnings and recommendations of dam safety experts were acted on too slowly, or sidestepped entirely.

"Driven by concern for declining revenues amidst the falling market price of iron ore, the company took risks, increased production and turned a blind eye to dangers that ultimately claimed lives and destroyed communities," he said.

"BHP was woefully negligent in its duty of care and the damages sought are entirely commensurate with the devastation the company has wrought upon the people of Minas Gerais, Espirito Santo and Brazil."

BHP acknowledged the lawsuit in a short statement.

"BHP confirms that BHP Group Limited and BHP Group Plc have been served with legal proceedings filed in the Business and Property Courts of Liverpool, England," it said.

"BHP intends to defend the claim."

Shares in BHP were trading 0.6% lower at A$37.08.

A growing series of reports, each focused on a key discussion point for the mining sector, brought to you by the Mining Journal Intelligence team.

A growing series of reports, each focused on a key discussion point for the mining sector, brought to you by the Mining Journal Intelligence team.

editions

ESG Mining Company Index: Benchmarking the Future of Sustainable Mining

The ESG Mining Company Index report provides an in-depth evaluation of ESG performance of 61 of the world's largest mining companies. Using a robust framework, it assesses each company across 9 meticulously weighted indicators within 6 essential pillars.

editions

Mining Journal Intelligence Global Leadership Report 2024: Net Zero

Gain insights into decarbonisation trends and strategies from interviews with 20+ top mining executives and experts plus an industrywide survey.

editions

Mining Journal Intelligence Project Pipeline Handbook 2024

View our 50 top mining projects, handpicked using a unique, objective selection process from a database of 450+ global assets.

editions

Mining Journal Intelligence Investor Sentiment Report 2024

Survey revealing the plans, priorities, and preferences of 120+ mining investors and their expectations for the sector in 2024.