Tragedy in Mariana: BHP's guilt will be judged in October 2024

The British court rescheduled the hearings that will judge the responsibilities of the Anglo-Australian mining company BHP Billiton in the tragedy of Mariain (MG). The process where those affected are represented by the Anglo-American firm Pogust Goodhead has been ongoing since 2018.

Posted by

Isabella Caminoto

May 15, 2023 12:50 PM

Initially, the hearings were scheduled for April 2024. But this Friday (14), the judges partially granted the mining company's request for postponement, which defended the holding of the hearing only in 2025. BHP Billiton wanted more time to allow the manifestation of the OK in the process, among other reasons. The defense of those affected spoke out against the postponement.

British court postpones trial against BHP for environmental disaster in Mariana

The British court postponed this Friday (12) for six months (from April 2024 to October 2024), the beginning of a process in London in which 720 thousand victims demand 45 billion dollars (223,6 billion reais, at the current price) of the mining company BHP due to the collapse of a dam in Mariain, Minas Gerais, in 2015.

BHP Billiton and Vale are the shareholders of the mining company Samarko, responsible for the dam that broke in Mariain 2015. In that episode, the tailings avalanche reached the Rio Doce basin, impacting dozens of municipalities in Minas Gerais and Espírito Santo. Nineteen people died.

In the action filed in the United Kingdom, Those affected maintain that there is not enough justice being done in Brazil. The Pogust Goodhead office represents thousands of people affected, as well as companies, municipalities and religious institutions. In March, 500 new authors joined the process. In this way, there are now 700 thousand people and entities represented. The defense of those affected states that the process costs around R$230 billion.

BHP Billiton's defense disputes the duplication of trials in both countries and claims to trust in the reparation of damages carried out by the Renova Foundation, under the supervision of Brazilian courts. The Renova Foundation was created in 2016 to manage all reparatory actions provided for in an agreement signed between the mining companies, the Union and the governments of Minas Gerais and Espírito Santo.

postponement

Tom Goodhead, one of the partners at Pogust Goodhead, spoke out in a note following the new decision, scheduling the judgment on BHP's liability for October 2024. “BHP speaks of injustice without thinking about the real victims, who suffer from the catastrophic devastation of their families, homes and land, simply because BHP values profit above people’s lives.” According to the law firm, maintaining the trial in 2024 is a victory for those affected. They informed that the deadline for those affected to send information ends on May 21st.

In turn, BHP considered the decision positive. “Such postponement is necessary to ensure that the parties have sufficient time to prepare and complete the numerous procedural steps necessary for the hearing.” According to the mining company, the British court agreed to discuss in the trial whether those affected who signed compensation agreements in Brazil would be entitled to compensation for damages in the United Kingdom. The mining company also says that the statute of limitations for the case will be debated. The hearings that will take place in October 2024 are expected to last 11 weeks.

(With Brazil Agency)

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This post was last modified on May 15, 2023 12:52

Isabella Caminoto

Lawyer and master's student in International Law, I have democracy and freedom as undeniable flags. I am passionate about animals and believe that the well-being of our planet should be the daily highlight of our society's agenda.