The English Court of Appeal rejected on Wednesday (May 6) a new appeal by mining company BHP regarding the 2015 collapse of the Fundão dam in Mariana, Minas Gerais state.

As a result, the November 2025 ruling stands, in which the English High Court held the Anglo-Australian company liable for the disaster. The judges found that BHP, Vale’s partner in managing the mining company Samarco, operated the dam and was aware of the risks prior to the breach, thereby demonstrating negligence, recklessness, and/or incompetence.

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On October 5, 2025, the tragedy in Mariana marked its tenth anniversary. The collapse of the Fundão dam released approximately 40 million cubic meters of toxic waste and mud into the Doce River. It also affected nearby municipalities and killed 19 people.

BHP had already filed an initial appeal seeking to overturn the ruling and had exhausted the last ordinary remedy available in the English legal system to challenge the judgment. In Wednesday’s decision, the court concluded that there is no compelling reason for the appeal to be heard.

In the English legal system, the right to appeal is not automatic. The interested party must obtain permission to file an appeal.

Consequently, Phase 2 of the proceedings remains in effect. This phase examines the categories of losses and the evidence used to quantify the damages suffered by the victims and determine compensation amounts. The trial hearing for this phase is scheduled for April 2027.

The law firm Pogust Goodhead, which represents the victims of the Mariana disaster in England, welcomed Wednesday’s decision.

“The Court of Appeal has now joined the High Court in concluding that BHP’s grounds for appeal have no realistic prospect of success. It is a resounding and unequivocal result. BHP is responsible for the worst environmental disaster in Brazil’s history and will have no further opportunity to overturn the decision,” said Jonathan Wheeler, a partner at the firm.

“Our clients have waited more than a decade for justice, while BHP has pursued every legal avenue to avoid accountability. Those avenues are now closed. We are focused on securing the compensation to which hundreds of thousands of Brazilians have long been entitled,” he added.

In a statement, BHP Brazil said that “it has been supporting Samarco to ensure fair and full reparation” and that it will continue its defense in England “vigorously and for as long as necessary.”

The company also stated that “it remains confident that the work carried out since 2015 and the New Rio Doce Agreement, signed in October 2024, which secured BRL 170 billion for reparations, provide the fastest and most efficient solution for compensating those affected. This work has already ensured payments to more than 625,000 people.”

According to the company, the British court recognized the compensation programs in 2024 and validated the settlements signed by those who had already received full compensation: “About 40 percent of the total individual claimants in the UK lawsuit will be excluded from the proceedings, which will significantly reduce the size and value of the claims filed there.”