Tragedy in Mariana: BHP’s guilt will be decided in October 2024

The British court has postponed until October 2024 the hearings to determine the responsibility of Anglo-Australian mining company BHP Billiton in the Mariana (MG) tragedy. The process, in which those affected are represented by the Anglo-American company Pogust Goodhead, has been running since 2018.

The hearings were originally scheduled for April 2024. But this Friday (14th), judges partially granted the mining company’s motion to postpone it, which defended not holding the hearing until 2025. BHP Billiton wanted more time to allow for Vale’s manifestation in the trial, among other reasons. The defense of those affected against the postponement was already expressed.

BHP Billiton and Vale are shareholders in the Samarco mining company responsible for the 2015 Mariana dam breach. In the incident, the debris avalanche reached the Rio Doce basin, hitting dozens of communities in Minas Gerais and Espírito Santo. Nineteen people died.

In the lawsuit filed in the United Kingdom, those affected allege that there is not enough justice in Brazil. Pogust Goodhead’s office represents thousands of victims, as well as businesses, communities and religious institutions. In March, 500,000 new authors joined the process. In this way, 700,000 people and organizations are now represented. The defense of those affected states that the process revolves around BRL 230 billion.

BHP Billiton’s defense denies the duplication of judgments in both countries and claims to rely on the repair of the damage carried out by the Renova Foundation under the supervision of the Brazilian courts. The Renova Foundation was established in 2016 to manage all remedial actions provided for in an agreement signed between the mining companies, the Union and the governments of Minas Gerais and Espírito Santo.

However, seven years later, the company’s performance is the subject of several legal challenges from stakeholders and the authorities. The Minas Gerais Public Prosecutor’s Office (MPMG) even called for their annihilation as they do not have the necessary autonomy over the three mining companies. An attempt to renegotiate the redress process, which could result in a resolution of more than 85,000 lawsuits related to the tragedy, has been underway since last year.

The proceedings in the United Kingdom were even suspended while it was still being discussed whether the judiciary there could decide on it. In 2020, English Judge Mark Turner, without going into detail, held that there was abuse, inter alia, because there could be judgments inconsistent with simultaneous trials in Brazil and the UK.

For Turner, there was insufficient evidence that the Brazilian judiciary was unable to provide fair compensation. However, in July 2022, the Court of Appeal accepted the appeal and ruled that the case should be examined on its merits.

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Tom Goodhead, one of the partners at Pogust Goodhead, said in a note following the new decision, which sets BHP’s liability trial for October 2024. “BHP speaks of injustice without thinking of the true victims who are suffering the catastrophic destruction of their families, homes and land, simply because BHP values ​​profit more than people’s lives.” According to the law firm, maintaining of the process in 2024 a victory for those affected. They reported that the deadline for submitting information to victims is May 21.

BHP, in turn, rated the decision positively. “Such an adjournment is necessary to ensure that the parties have time to prepare and complete the numerous procedural steps required for the hearing.” According to the mining company, the British court agreed to discuss in the judgment whether victims living in Brazil signed compensation agreements would be entitled to compensation in the UK. The mining company also says the case is being discussed. The hearings, which will take place in October 2024, are expected to last 11 weeks.

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