(Reuters) -BHP Group said it was waiting to formally receive the court ruling on the 2015 Fundão tailings dam collapse in Brazil after media reports said a lower court has ruled that its unit and other firms are not criminally liable for the disaster.
The court found there was not enough evidence to establish a causal connection between the companies and the dam failure, the global mining giant said, citing media reports.
A dam collapse at an iron ore mine owned by Samarco, a joint venture between Vale SA and BHP, near Mariana in southeastern Brazil, resulted in 19 deaths, left hundreds of people homeless, flooded forests and polluted the Doce River.
“BHP Brasil will consider the decision by the Federal Court once it has been served with the decision to assess implications and any next steps,” it said in a statement dated Nov. 15.
A spokesperson for Vale said, “The court’s decision reinforces that the company acted within the law and in compliance with environmental standards.”
The court’s ruling on criminal charges, filed by Brazil’s Federal Prosecutors in 2016, is distinct from the $31.7 billion civil settlement agreement disclosed on Oct. 25, which deals with framework obligations and other claims related to the dam failure.
Separately, BHP also faces a lawsuit in the UK for the Samarco dam disaster, potentially costing $47 billion in damages.
This lawsuit represents a massive group of plaintiffs, including Brazilian citizens, municipalities and businesses, with BHP and Vale agreeing to split any damages awarded.
“This decision does not affect the ongoing class action trial in the UK, which BHP continues to defend as it duplicates the efforts already ongoing in Brazil,” BHP said.
BHP Brasil said it will focus on supporting the long-term recovery of communities and the environment affected by the dam failure.
(Reporting by Roushni Nair in Bengaluru; Editing by Arun Koyyur)
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