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BHP held liable for Fundão dam disaster

Australia-headquartered mining giant BHP has been held strictly liable as ‘polluters’ for the Fundão dam disaster in Brazil, in one of the largest group actions ever brought in the English courts

More than 600,000 claimants brought the case, Município de Mariana v BHP Group [2025] EWHC 3001 (TCC), handed down last week. The 2015 dam collapse and flow of liquified iron ore tailings killed 19 people and caused widespread devastation.

Ben Wolfe, partner at Grosvenor Law, said the decision was ‘a stark reminder that parent companies and investors can be found liable in England for events and environmental failures that occur on overseas projects—even where assets are operated through joint ventures and local subsidiaries.

‘The court’s findings on foreseeability and duties of oversight significantly expand the potential exposure of large multinational groups.’

Lucy Blake, partner at Jenner & Block, said: ‘Companies are increasingly under pressure to take responsibility, not just for their own operations but also for third parties in respect of human rights and environmental harms.’

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Bird & Bird—Sue McLean

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