Mining and commodities. Australia
BHP Group Limited
Brazilian municipalities, individuals and businesses sued BHP in England over the 2015 Fundao dam failure at Samarco, its joint venture with ValeS6. BHP denied it was a polluter or at faultS1. On 14 November 2025 Mrs Justice O'Farrell found BHP liable under Brazilian lawS1S3S8. BHP said it would appealS3. The High Court refused permission in January 2026 and the Court of Appeal refused it on 6 May 2026S2S7. Damages are still to be triedS7. In Brazil, Samarco, Vale and BHP Brasil signed a BRL 170 billion agreement with public authorities on 25 October 2024S4, ratified by the Brazilian Supreme Court on 6 November 2024S5.
- Also known as
- BHP, BHP Billiton, BHP Group (UK) Ltd, BHP Billiton Brasil Ltda
- Headquarters
- Australia
- Records from
- United Kingdom, Brazil
Scope. This record covers the November 2015 Fundao dam failure at Samarco in Mariana, Brazil, and the English group action brought by Municipio de Mariana and other claimants. It does not cover Vale's Brumadinho collapse of 2019 or BHP's other operations.
Claims assessed
4 claims. Scores grade the evidence for each claim, not the organization.- Contradicted95BHP argued at trial in London that it was not a polluter under Brazilian environmental law and breached no legal duty, so it was not liable for the Fundao dam failure.Company statement, 14 November 20255 records citedSafety
- Supported95Reuters reported in November 2025 that London's High Court ruled BHP liable for the 2015 Fundao dam collapse in Brazil.Press report, 14 November 20253 records citedSafety
- Unresolved59BHP said in November 2025 that the UK group action duplicates remediation and compensation already provided in Brazil or available under the Brazil agreement.Company statement, 14 November 20252 records citedSafety
- Outdated79BHP said on 25 October 2024 that the BRL 170 billion Fundao agreement with Brazilian public authorities remained subject to approval by the Brazilian Supreme Court.Company statement, 25 October 20242 records citedCorporate status
Cases and proceedings
- Município de Mariana and others v BHP Group (UK) Limited and BHP Group LimitedHigh Court of Justice of England and Wales, Technology and Construction Court, and Court of Appeal (Civil Division). Civil. HT-2022-000304 and HT-2023-000058, [2025] EWHC 3001 (TCC), [2026] EWCA Civ 502.Stage: Liability determined. Permission to appeal refused on 6 May 2026. Damages trial expected in 2027S2S7.
- Brazilian public authorities, Samarco Mineração S.A., BHP Billiton Brasil Ltda. and Vale S.A.Supreme Federal Court of Brazil (ratification). Civil. Not stated in the sources read.Stage: Ratified on 6 November 2024
- Agreement ratifiedS5
Responses on record
- BHP Group Limited, 14 November 2025, on Reuters reported in November 2025 that London's High Court ruled BHP liable for the 2015 F...
BHP said it intends to appeal and will continue to defend the UK group action.S3
Revision history
- Profile and 4 assessments first published. Records checked to 25 October 2026.
Source records
- S7Tier C BHP can't appeal UK judgment over 2015 Brazil dam collapseReuters (via Engineering News). Press report. 6 May 2026.Reuters report on the Court of Appeal refusal, the January 2026 High Court refusal and the April 2027 damages trial.Link working, checked 25 October 2026
- S2Tier A Município de Mariana & Ors v BHP Group (UK) Ltd & Anor [2026] EWCA Civ 502Court of Appeal of England and Wales (Civil Division). Court judgment. 6 May 2026.Refuses permission to appeal on strict liability at paragraph 87 and treats the fault ground as not reasonably arguable. Paragraph 7 places the next trial in the second part of 2027 into 2028. The limitation section was not read.Link working, checked 25 October 2026
- S5Tier B Samarco update - Ratification of agreement with Brazilian Public AuthoritiesBHP Group Limited. Company statement. 7 November 2024.Company announcement of ratification on 6 November 2024. The court order itself was not read.Link working, checked 25 October 2026
- S3Tier B Update - United Kingdom group actionBHP Group Limited. Company filing. 14 November 2025.Company statement confirming the liability finding, its intent to appeal and its duplication view. It gave October 2026 to March 2027 for the second stage trial, since overtaken.
- S1Tier A Município De Mariana v BHP Group (UK) Limited & Anor [2025] EWHC 3001 (TCC)High Court of Justice, Technology and Construction Court. Court judgment. 14 November 2025.Liability judgment. Supports BHP's pleaded position at paragraph 8 and the court's dam findings at paragraph 225. The online text read stopped near paragraph 234, so the liability conclusions were not read directly.Link working, checked 25 October 2026
- S6Tier C BHP liable for 2015 Brazil dam collapse, UK court rules in mammoth lawsuitReuters (via Mining Weekly). Press report. 14 November 2025.Reuters report on the ruling and the scale of the claim. The syndicated page shows no byline or date. It gave October 2026 for the damages trial.Link working, checked 25 October 2026
- S8Tier C Município de Mariana v BHP: Court of Appeal refuses permission to appeal liability findingsSolicitors Journal. Press report. 6 May 2026.Legal press summary of the liability bases and the appeal refusal. It reports that all three limitation grounds were refused. No named author, and its points match the Court of Appeal text.Link working, checked 25 October 2026
- S4Tier B BHP Brasil reaches final settlement with Public Authorities in Brazil for reparation of Samarco's Fundão dam failureBHP Group Limited. Company filing. 25 October 2024.Company statement on the BRL 170 billion agreement and its parties. It lists the UK action as unresolved.
- S9Tier A Municipio de Mariana -v- BHP Group (judgment and summary)Courts and Tribunals Judiciary. Court judgment. 14 November 2025.Official judiciary page for the liability judgment and its summary. It confirms the citation, case numbers, judge and date. The summary text could not be extracted for this record.Link working, checked 25 October 2026