<
https://www.theguardian.com/world/2024/oct/21/bhp-accused-of-doggedly-trying-to-avoid-responsibility-for-brazil-dam-disaster>
"The Anglo-Australian mining company BHP has been accused of “cynically and
doggedly trying to avoid” responsibility for Brazil’s worst environmental
disaster at the opening of the largest group lawsuit in English legal history.
The claim for up to £36bn in compensation was opened by lawyers acting for more
than 620,000 individuals at the high court in London. It comes nine years after
the breach of a dam holding toxic waste from an iron ore mine killed 19 people
near the town of Mariana in south-eastern Brazil.
In his opening submission, Alain Choo Choy KC, for the claimants, suggested
that the “profound shortcomings” of the reparations process in Brazil had led
the case to be opened in England. He accused BHP of devoting “very substantial
resources to placing obstacles in the way of the claimants’ English claims”.
A “chasm” had emerged between the level of compensation that BHP regarded as
“acceptable” for the disaster and the amount the victims were “morally and
legally” entitled to, the court heard.
“This is not BHP facing up to its responsibilities but cynically and doggedly
trying to avoid them,” the claimants’ lawyer claimed in court filings.
“Although that is BHP’s choice, it cannot properly now claim to be a company
‘doing the right thing’ by the victims of the disaster.”
The opening submission to Mrs Justice O’Farrell went on: “There is certainly no
injustice in the claimants seeking to hold BHP properly to account in London in
circumstances where the potential routes for redress in Brazil have not been
effective.”
About 50m cubic metres of toxic waste was released when the Fundão dam was
breached on 5 November 2015.
The avalanche reached the small community of Bento Rodrigues within minutes,
killing 19 people including a seven-year-old child and destroying bridges,
roads, houses, factories and other commercial premises as well as farmland,
wildlife and historic churches containing priceless artefacts.
The dam was managed by a Brazilian company, Samarco, in which BHP and Brazilian
miner Vale were joint shareholders."
Cheers,
*** Xanni ***
--
mailto:xanni@xanadu.net Andrew Pam
http://xanadu.com.au/ Chief Scientist, Xanadu
https://glasswings.com.au/ Partner, Glass Wings
https://sericyb.com.au/ Manager, Serious Cybernetics
