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A Brazilian court on Thursday cleared BHP (NYSE: BHP), Vale (NYSE: VALE) and their Brazilian joint venture Samarco of responsibility over the Fundão dam collapse that caused the country’s worst ever environmental disaster.
The dam burst on Nov. 5, 2015, releasing approximately 40 million cubic meters of mining waste, which devastated communities, polluted the Rio Doce and its tributaries, and eventually reached the Atlantic Ocean. It killed 19 people.
According to the court’s decision, the documents, reports and witness testimonies examined “did not identify specific individual actions that directly and decisively contributed to the dam’s collapse.”
Among those acquitted was Ricardo Vescovi, the president of Samarco at the time of the disaster.
The Brazilian Federal Prosecutor’s Office (MPF) said it is reviewing the ruling and will file an appeal.
BHP responded by stating that it remains “fully committed to supporting the extensive ongoing remediation and compensation efforts in Brazil” and will continue focusing on the long-term recovery of affected communities and the environment.
The case was tried in criminal court, though defendants also faced separate civil claims for environmental damages.
In October 2016, the MPF indicted 22 individuals and four companies (Samarco, Vale, BHP and VogBR) on charges that included qualified homicide, flooding, building collapse, serious bodily injury and environmental crimes.
By 2019, homicide charges were dropped when the court ruled that the deaths were caused by the flooding itself, and several environmental charges have since expired due to the statute of limitations.
In October 2024, the companies reached a final settlement of 170 billion reais ($29.93 billion) with Brazilian authorities for reparations related to the dam failure.
However, BHP continues to face a separate lawsuit in the United Kingdom, where it could be liable for up to $47 billion in damages. This lawsuit includes more than 600,000 Brazilian citizens, 46 municipalities and 2,000 businesses. In July, BHP and Vale agreed to share equally in any UK damages awarded.
In an email to MINING.com, Samarco stated that the decision by the Brazilian Federal Court reflects the defense and facts presented in the case and confirms that the company has always acted in accordance with current legislation.
Vale said it will not comment on the decision.
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