Jurisdiction(s):
United Kingdom

BHP exec denies operational control of Samarco; TCC (England and Wales) hears vicarious and Brazilian strict liability claims over 2015 Fundao dam collapse amid Brazil settlement

Published on: 29 October 2024

Published by a Law360 reporter

Legal News

Article summary

Christopher Campbell, formerly vice-president of strategy within BHP’s iron ore division, said the company relied on its Brazilian subsidiary to flag any major concerns about the joint venture. The Australian miner faces a combined claim from more than 640,000 individuals, 46 Brazilian municipalities, companies and Indigenous peoples affected by the disaster. He said a BHP executive based in Brazil acted as the link to Samarco, the BHP and Vale SA joint venture operating the Fundao Dam, and would brief him in Australia if any significant problems arose. Campbell described this Brazil-based role as oversight of Samarco’s performance from the standpoint of a 50% shareholder, saying its main purpose was to monitor rather than provide assistance. BHP is being sued over the damage caused when toxic waste and mud tore through communities after the dam failed in 2015. The dam contained mining waste known as tailings. BHP had previously told the court it could not be held vicariously liable for the alleged wrongdoing of the joint venture...

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