Who gains from saving nature
Ledger 1 : 33 — For each dollar financing nature-based solutions in 2023, about $33 financed activities harmful to nature. (UNEP)
Cases / Mining / tailings dam · Brazil · 2015–2026

Samarco Fundão dam collapse (Mariana): the settlement and the court cases

Nature's voice · report
In November 2015 about 39 million m³ of mud from the Fundão dam ran 670 km down my river, the Rio Doce, to the Atlantic Ocean (IUCN; other sources give 35–50 million m³).
Did nature suffer? Yes. Harm is on record. Disputed
Recorded
  • The village of Bento Rodrigues, on my valley floor, was destroyed.
  • A court in London has since found BHP strictly liable as the "polluter" of the collapse under Brazilian environmental law. Law Gazette
  • About 39 million cubic metres of mine waste were released onto my land and into my rivers.
    IUCN; other sources 35–50 million m³.
  • About 670 km of my rivers were polluted.
    Rio Doce to the Atlantic (IUCN).
People
  • 19 people died.
    IUCN.
What the record lacks: 7 none on record · 5 insufficient · 6 disputed · 7 unclear See the gaps
Accounts of the harm differ
Is BHP liable for the collapse, and was it foreseeable?
  • Courts English High Court (14 November 2025): BHP was strictly liable as a "polluter" under Brazilian environmental law and, in the alternative, liable for fault; the risk of collapse of the dam was foreseeable, and raising the dam while it was unsafe was reported as the direct and proximate cause. Law Gazette
  • Company or project BHP: Sought permission to appeal the English liability judgment; reported refused in January and May 2026. Mining Weekly

The Fundão tailings dam of Samarco, owned equally by Vale and BHP, collapsed at Mariana, Brazil, on 5 November 2015 and 19 people died. A R$170 billion agreement was signed in October 2024, and the English High Court found BHP liable in November 2025.

R$170bnBrazil agreement of 25 October 2024 (100% basis, including spending already made)
About US$31.7bn (BHP). R$38bn had already been spent through the Renova Foundation to September 2024; R$100bn is payable over 20 years to public authorities and communities; about R$32bn are Samarco performance obligations.

Status As of October 2026: TRF-6 partly reversed the criminal acquittals on 3 September 2026 (prosecutors reported to be considering an appeal); the English High Court's damages hearing was listed for October 2026; settlement payments run to 2043.

What?
On 5 November 2015 the Fundão tailings dam of Samarco, owned equally by Vale and BHP, collapsed near Mariana, Minas Gerais, killing 19 people and destroying the village of Bento Rodrigues. About 39 million m³ of tailings travelled about 670 km down the Rio Doce to the Atlantic. IUCN
Where?
Fundão dam near Mariana, Minas Gerais, Brazil; the village of Bento Rodrigues; the Rio Doce to the Atlantic coast. Litigated also in London, Australia and the United States.
When?
Collapse on 5 November 2015; Renova set up in 2016; agreement signed 25 October 2024 and approved 6 November 2024; first-instance acquittal 14 November 2024. London liability ruling 14 November 2025; appeals court convictions 3 September 2026; London damages hearing October 2026.
Who?
Gained
  • BHP — About US$1,176m booked as insurance income in FY2019–FY2021 and FY2026 (sum of US$50m, 489m, 573m and 64m) BHP / SEC EDGAR
  • Vale — US$159m of Samarco-related general-liability insurance receipts, 2019–2021, booked under equity results
Lost
  • Samarco, Vale and BHP — R$170bn settlement (about US$31.7bn): R$38bn already spent, R$100bn over 20 years to public authorities and communities, and about R$32bn of Samarco obligations BHP
  • Samarco — Ten-year ban on public contracts and a R$7.2m fine (TRF-6, 2026) Mining Weekly
  • Three Samarco engineers — Prison sentences of 7 years 3 months to 8 years 9 months (TRF-6, 2026) Mining Weekly
  • BHP — A$110m (US$74m) to settle the Australian shareholder class action in FY2026, against US$64m received from insurers BHP / SEC EDGAR
  • BHP — US$50m to settle a US class action (2019), mostly covered by insurance BHP / SEC EDGAR
Harmed
  • 19 people killed — Deaths in the collapse IUCN
  • Bento Rodrigues — Village destroyed IUCN
  • Rio Doce — About 39 million m³ of tailings carried about 670 km to the Atlantic (IUCN; other sources give 35–50 million m³) IUCN
Why?
The English High Court found BHP strictly liable as a 'polluter' and, in the alternative, at fault, holding that the risk of collapse was foreseeable (as reported by the Law Gazette). In Brazil the court dropped the homicide counts in 2019, treating the deaths as caused by the flood rather than the dam, and in 2024 acquitted all defendants because individual acts were not proven. Courts and Tribunals Judiciary
How?
From 2016 restoration ran through the Renova Foundation, funded by Samarco with Vale and BHP Brasil as secondary funders, which spent R$38bn by September 2024; prosecutors said it was not independent of the companies. The 2024 agreement extinguished Renova and spread R$100bn of new payments over 20 years, while BHP and Vale booked their insurance proceeds as income. BHP
In proportion Of the R$170bn settlement, R$38bn (about 22%, estimate) had already been spent when it was signed; R$100bn is paid over 20 years. BHP
6 of 6 questions answered from the record

What happened

The record, in order.

On 5 November 2015 the Fundão iron-ore tailings dam of Samarco Mineração, a 50/50 joint venture of Vale and BHP, collapsed near Mariana, Minas Gerais. Nineteen people died and the village of Bento Rodrigues was destroyed. According to IUCN, about 39 million m³ of tailings travelled about 670 km down the Rio Doce to the Atlantic; other sources give 35–50 million m³.

The dam's licensing process began in 2005 and the Copam state licensing body granted the first operating licence in 2008; the renewal was still pending on the day of the collapse. A Minas Gerais state prosecutor said Samarco had kept operating without meeting 6 of the 12 conditions required for renewal, while the state environment secretariat said all conditions had been met. The consultant VogBR signed the dam's stability declaration in July 2015.

From 2016 repair work was run by the Renova Foundation, funded by Samarco with Vale and BHP Brasil as secondary funders at 50% each. In 2021 prosecutors asked for it to be dissolved, noting that six of its nine board seats were held by representatives of the miners, and in December 2023 the Minas Gerais prosecutors asked for it to be closed because it was not autonomous of the mining companies; reconstruction of the affected communities was reported unfinished. On 25 October 2024 the companies and the Brazilian authorities signed an agreement for about R$170bn (about US$31.7bn on a 100% basis): R$38bn already spent through Renova to September 2024, R$100bn over 20 years to public authorities and communities, and about R$32bn of Samarco performance obligations. Brazil's Supreme Court approved it on 6 November 2024. Renova was to be extinguished, with Samarco taking over its programmes over a 12-month transition.

In 2016 federal prosecutors charged 22 people and four companies. In 2019 the court dropped the homicide counts, treating the deaths as caused by a flood rather than by the dam. On 14 November 2024 a federal judge acquitted all defendants. On 3 September 2026 the Federal Regional Court of the 6th Region (TRF-6) partly reversed that decision: it banned Samarco from public tenders for ten years and fined it R$7.2 million, and sentenced three engineers to 8 years 9 months (two of them) and 7 years 3 months (the third); the acquittals of Vale, BHP and VogBR stood. Prosecutors were reported to be considering an appeal.

In England, the High Court found on 14 November 2025, in Município de Mariana v BHP Group, [2025] EWHC 3001 (TCC), that BHP was liable for the collapse, strictly as a "polluter" under Brazilian environmental law and, in the alternative, for fault; the court found the risk of collapse was foreseeable. Permission to appeal was reported refused in January and on 6 May 2026, and a damages hearing was listed for October 2026. BHP also settled a US class action for US$50m (mostly covered by insurance, according to BHP) in its financial year 2019 and paid A$110m to settle an Australian class action in FY2026. BHP booked about US$1.18bn of insurance income relating to the dam failure over FY2019–FY2021 and FY2026, and Vale US$159m in 2019–2021; Samarco recognised no insurance receivable. The sources reviewed do not say that insurance proceeds went to Renova, the settlement or restoration.

  1. 2005Licensing process for the Fundão dam begins
  2. 2008Copam grants the first operating licence
  3. 2015VogBR signs the stability declaration (July); the dam collapses (5 Nov); Reuters reports ACE-led property and business-interruption cover of up to US$600m (11 Nov)
  4. 2016Federal prosecutors charge 22 people and four companies; Renova Foundation set up under a 2016 settlement
  5. 2019Homicide counts dropped; BHP books US$50m insurance income; US class action settled for US$50m
  6. 2020BHP books US$489m insurance-settlement income
  7. 2021Prosecutors ask for Renova to be dissolved; BHP books US$573m and declares insurance recoveries complete; BHP commits up to US$725m to Renova programmes
  8. 2023Minas Gerais prosecutors ask for Renova to be closed (December)
  9. 2024R$170bn agreement signed (25 Oct) and approved by the Supreme Court (6 Nov); first-instance acquittal of all defendants (14 Nov)
  10. 2025Federal court releases Renova's R$1.3bn insurance-bond requirement (6 Aug); English High Court finds BHP liable (14 Nov)
  11. 2026Permission to appeal refused (January and 6 May); BHP settles the Australian class action for A$110m and receives US$64m from insurers; TRF-6 partly reverses the acquittals (3 Sep); London damages hearing listed for October

What was said

Claims, in the words of those who made them.

“have been found liable for the collapse of the Fundão iron ore tailings dam in Mariana, Brazil, on 5 November 2015.”

“risk of collapse of the dam was foreseeable”

English High Court judgment, as reported by the Law Gazette · 14 November 2025 · Law Gazette

“US$ 573 million other income from general liability insurance proceeds relating to the dam failure. Recoveries… now considered complete.”

“an insurance receivable has not been recognised by Samarco”

BHP Annual Report 2020 · 2020 · BHP

“The lead underwriter of the combined property and business interruption policies is Zurich-based ACE”

“one of the largest”

Chief Justice Barroso on the Supreme Court's approval of the agreement (as reported) · 6 November 2024

“one of the largest settlements ever in the country.”

Officials, as quoted by AP · October 2024

Where accounts differ

Each party's account, side by side, with its source. The record does not settle these points; it shows them.

Is BHP liable for the collapse, and was it foreseeable?
Courts
English High Court (14 November 2025)

BHP was strictly liable as a "polluter" under Brazilian environmental law and, in the alternative, liable for fault; the risk of collapse of the dam was foreseeable, and raising the dam while it was unsafe was reported as the direct and proximate cause.

Law Gazette
Company or project
BHP

Sought permission to appeal the English liability judgment; reported refused in January and May 2026.

Mining Weekly
Who is criminally responsible for the collapse and the 19 deaths?
Government and regulators
Federal prosecutors (MPF)

Charged 22 people and four companies in 2016, including with qualified homicide.

Both ENDS
Courts
Federal court (2019)

Treated the deaths as caused by a flood rather than the dam and dropped the homicide charges.

Both ENDS
Courts
Federal judge (14 November 2024)

Acquitted all defendants, finding that individual acts had not been proven.

Both ENDS
Courts
TRF-6 appeal court (3 September 2026)

Reversed part of the acquittal: convicted Samarco (ten-year public-tender ban, R$7.2m fine) and three engineers; the acquittals of Vale, BHP and VogBR stood.

Both ENDS
Were the conditions for renewing the dam's licence met?
Government and regulators
A Minas Gerais state prosecutor

Samarco operated without meeting 6 of the 12 conditions required for renewal.

Bahia Notícias (Estadão)
Government and regulators
Minas Gerais state environment secretariat

All the conditions had been met.

Bahia Notícias (Estadão)
Was Renova independent of the mining companies?
Government and regulators
Minas Gerais state prosecutors (MPMG)

Asked for Renova to be closed because it was not autonomous of the mining companies; rebuilding of the affected communities was not finished.

Exame
Press and investigations
Agência Pública (as summarised)

About 20% of Renova's staff came from the companies that funded it; a prosecutor assessed that the companies and the foundation were in effect the same.

How much of the R$170bn is new money, and where did the R$38bn go?
Government and regulators
Minas Gerais state government

The new agreement makes the mining companies responsible, with reparation reaching R$170 billion.

Agência Minas (Government of Minas Gerais)
Company or project
Vale and BHP (filings)

R$38bn is spending already made through Renova to September 2024; R$100bn is payable to public authorities and communities over 20 years; about R$32bn is Samarco performance obligations.

Vale / SEC EDGAR
Press and investigations
Diário do Comércio

Only R$100bn of the R$170bn is new money, payable until 2043; Renova's R$38bn is questioned. It is reported, but not independently verified, that President Lula said nobody knows where the R$38bn went.

Diário do Comércio
Did insurance cover Samarco's losses?
Press and investigations
Reuters via Insurance Journal (anonymous source)

Property and business-interruption cover of up to US$600m (US$90m property and US$510m business interruption), led by ACE with 80%.

Insurance Journal (Reuters)
Company or project
Samarco and BHP

Samarco's statements recognised no insurance receivable; BHP's reports say the same.

BHP

How it looked

What was shown, beside what was recorded.

Shown

  • The October 2024 agreement was announced as one in which the mining companies are held responsible and reparation would reach R$170 billion.
    Minas Gerais state government (Agência Minas) · Agência Minas (Government of Minas Gerais)
  • The agreement was described as one of the largest environmental agreements in history.
    Chief Justice Barroso (as reported)
  • The agreement was described as one of the largest settlements in the country's history.
    Officials, as reported by AP
  • The R$170bn total includes R$38bn already spent through Renova.
    BHP and Vale, in their filings · Vale / SEC EDGAR
  • A foundation, Renova, was set up in 2016 to carry out the repair work.
    Renova Foundation, funded by Samarco, Vale and BHP Brasil
  • President Lula was reported as signing the agreement to repair the damage (headline: "Lula assina acordo de reparação dos danos de Mariana").
    Poder360 · Poder360

Recorded

  • Of the R$170bn total, R$38bn is spending already made through Renova to September 2024, R$100bn is payable to public authorities and communities over 20 years, and about R$32bn is Samarco performance obligations.
    Vale / SEC EDGAR
  • Diário do Comércio reported the agreement as R$170bn in total, with R$100bn of new money payable until 2043 and Renova's R$38bn questioned.
    Diário do Comércio
  • Minas Gerais prosecutors asked in December 2023 for Renova to be closed because it was not autonomous of the mining companies; reconstruction of the affected communities was not finished.
    Exame
  • In 2021 prosecutors asked for Renova's dissolution, noting that six of its nine board seats were held by representatives of the miners.
  • A 2018 report by Agência Pública found that about 20% of Renova's staff came from the companies funding it; a prosecutor assessed that the companies and the foundation were in effect the same.
  • In 2017 an independent science panel was set up at Renova's request; it was chaired by Yolanda Kakabadse, a former president of IUCN and of WWF International.
  • Criminal case: 2016 charges against 22 people and four companies; 2019 homicide counts dropped; 14 November 2024 acquittals; 3 September 2026 TRF-6 ruling (Samarco ten-year public-tender ban and R$7.2m fine; engineers Lopes and Rodrigues Silva 8 years 9 months, Alves 7 years 3 months; Vale, BHP and VogBR acquittals stand).
    Both ENDS
  • BHP booked insurance income relating to the dam failure of US$50m (FY2019), US$489m (FY2020), US$573m (FY2021) and US$64m (FY2026) as other income; Vale booked US$159m of Samarco-related receipts (2019–2021) as equity results. Samarco recognised no insurance receivable.
    BHP / SEC EDGAR
  • Samarco's 2018 statements: sudden-pollution and dam cover excluded from its current liability policy.
    Samarco
  • The sources reviewed do not say that insurance proceeds went to Renova, the settlement or restoration.
  • First prison sentences came 11 years after the collapse, for engineers; the owners were acquitted.
    Both ENDS

Who gained

Money that reached nature, beside money that stayed elsewhere.

Reached nature or the ground

≈ 38bn
Spent to September 2024. The remaining R$132bn is committed, not paid. The sources reviewed do not split the R$170bn between environmental repair, communities and public authorities.
Spent through the Renova Foundation38bn
Window: 2016–Sep 2024
Figure from the 2024 agreement; company-reported, and where this spending went is questioned.
New money to public authorities and communities commitment100bn
Window: 2024–2044
Paid over 20 years, indexed to IPCA (Vale filing).
Samarco performance obligations commitment≈ 32bn
Window: from 2024

Gained elsewhere

Not totalled
BHP insurance income (FY2019–FY2021, FY2026) estimate—
US$1,176m (USD; sum of 50 + 489 + 573 + 64), not converted.
Vale Samarco-related insurance receipts (2019–2021)—
US$159m (USD), not converted.
Samarco and owners' profits from the mine—
Not on record in the sources reviewed.
Currency: BRL · Window: Mixed — see each line. Figures cover different periods and are not compared as a ratio. * Estimate built from cited figures.

Responses on record

  • bhp (FY2021): Reported US$573 million "other income from general liability insurance proceeds relating to the dam failure" in FY2021 and said recoveries were "now considered complete". · BHP / SEC EDGAR
  • bhp (FY2021): Agreed to fund up to US$725m for Renova programmes plus US$40m of working capital.
  • bhp (FY2026): Paid A$110 million (US$74 million) to settle the Australian class action and received US$64 million from external insurers. · BHP / SEC EDGAR
  • bhp (January and May 2026): Applied for permission to appeal the English High Court's liability judgment; permission was reported refused. · Mining Weekly
  • bhp (2024-10): Reported the Brazil settlement as R$170bn (about US$31.7bn) on a 100% basis, signed 25 October 2024. · BHP
  • vale (2024-10-18): Disclosed to the SEC that the roughly R$170bn total comprises R$38bn already spent, R$100bn paid to public authorities in indexed instalments over 20 years and R$32bn of Samarco obligations; the final agreement had not yet been signed on 18 October 2024. · Vale / SEC EDGAR
  • vale (2021): Recorded Samarco-related general-liability insurance receipts of US$159 million in 2019–2021 and said it did not expect further material amounts.
  • samarco (2017): Its 2017 financial statements recognised no insurance receivable. · Samarco
  • samarco (2018): Its 2018 statements recorded partial reimbursement of directors-and-officers defence costs and said sudden-pollution and dam cover were excluded from the current liability policy. · Samarco
  • wtw (November 2015): Confirmed to Reuters that it acted as the broker for the Samarco policy. · Insurance Journal (Reuters)
  • fairfax (November 2015): Confirmed to Reuters that it was in the pool of underwriters. · Insurance Journal (Reuters)
  • mapfre (November 2015): Confirmed to Reuters that it was in the pool of underwriters. · Insurance Journal (Reuters)
  • minas-gerais-gov (October 2024): Announced the new Mariana agreement as making the mining companies responsible, with reparation reaching R$170 billion. · Agência Minas (Government of Minas Gerais)
  • mpmg (December 2023): Asked for Renova to be closed because it was not autonomous of the mining companies; reconstruction of the affected communities was unfinished. · Exame

In court and with insurers

Every proceeding and every insurer decision on record.

Lawsuits and rulings

  1. 2016–2024Defendant won
    Mariana criminal case (22 people, 4 companies)
    Federal court, Minas Gerais · Criminal · Federal prosecutors (MPF) → 22 individuals; Samarco, Vale, BHP and VogBR

    On 14 November 2024 the federal judge acquitted all defendants, holding that individual acts had not been proven. Both ENDS

  2. 2016–2019Dismissed
    Mariana homicide counts
    Federal court, Minas Gerais · Criminal · Federal prosecutors (MPF) → Individual defendants

    In 2019 the court dropped the homicide charges, treating the deaths as caused by the flood rather than by the dam. Both ENDS

  3. 2026Overturned on appealBRL 7.2m fine on Samarco (R$ million)
    Mariana criminal appeal
    Federal Regional Court of the 6th Region (TRF-6) · Appeal · Federal prosecutors (MPF) → Samarco, Vale, BHP, VogBR and individuals

    On 3 September 2026 the acquittal was partly reversed: Samarco received a ten-year ban on public contracts and a R$7.2m fine, two senior engineers 8 years 9 months and a third 7 years 3 months; the acquittals of Vale, BHP and VogBR stood. Prosecutors were reported to be considering an appeal. Both ENDS

  4. 2025-11-14Claimant won
    Município de Mariana v BHP Group [2025] EWHC 3001 (TCC)
    English High Court (Technology and Construction Court) · Class action · Município de Mariana and other claimants (group action) → BHP Group

    On 14 November 2025 BHP was found strictly liable as a "polluter" under Brazilian environmental law and, in the alternative, liable for fault; the court found the risk of collapse of the dam was foreseeable. Damages were not yet set; a hearing was listed for October 2026. Courts and Tribunals Judiciary

  5. 2026Dismissed
    BHP application for permission to appeal
    Court of Appeal of England and Wales ([2026] EWCA Civ 502) · Appeal · BHP Group → Município de Mariana and other claimants

    Permission to appeal was reported refused in January 2026 and on 6 May 2026; a damages hearing was listed for October 2026. Mining Weekly

  6. 2024SettledBRL 170bn settlement (R$ million, 100% basis)
    Mariana reparation agreement
    Brazilian federal and state authorities; approved by the Supreme Federal Court (STF) · Civil · Brazilian federal and state public authorities → Samarco, Vale, BHP

    Signed on 25 October 2024 and approved on 6 November 2024: R$38bn already spent, R$100bn over 20 years and about R$32bn of Samarco obligations; the Renova Foundation was to be extinguished, with Samarco taking over its programmes over 12 months. Renova itself had been set up under a 2016 settlement. BHP

  7. 2019Settled$50m settlement (US$ million)
    US class action over Samarco
    US court (not named in the sources) · Class action · Class members → BHP

    Settled for US$50m in BHP's financial year 2019, mostly covered by insurance, according to BHP.

  8. 2026SettledAUD 110m settlement (A$ million; US$74m)
    Australian class action over Samarco
    Australian court (not named in the sources) · Class action · Class members → BHP

    BHP paid A$110m (US$74m) to settle in FY2026 and received US$64m from external insurers. BHP / SEC EDGAR

Insurers

  1. 2015No policy found$600m reported limit (US$90m property, US$510m business interruption; anonymous source)
    ACE (now Chubb) lead with 80%; Fairfax and Mapfre in the pool; broker Willis → Samarco

    Reuters reported the cover in November 2015, citing an anonymous source; Fairfax and Mapfre confirmed they were in the pool and Willis confirmed it was the broker. Samarco recognised no insurance receivable in its 2017 statements and, per BHP's FY2026 report, still had none; what these insurers paid is not disclosed. Insurance Journal (Reuters)

  2. 2014No policy foundBRL 70m reported limit (about, June 2014 bond prospectus; R$ million)
    Allianz (civil liability) → Samarco
    Stated reason: Samarco's 2018 statements say sudden-pollution and dam cover were excluded from its current liability policy

    Allianz wrote a separate civil-liability policy for the venture. No payout under it is recorded. Samarco

  3. 2018Partly paid
    Samarco D&O insurers → Samarco directors and officers

    Samarco's 2018 statements record partial reimbursement of defence costs; amount not given. Samarco

  4. 2016No policy found$360m cover up to US$360m (BHP share), FY2016
    External liability insurers (not named) → BHP entities (Samarco-related claims)

    Liability cover for Samarco-related claims against BHP entities was externally insured up to US$360m (BHP share) in FY2016.

  5. 2019Paid$50m insurance income, FY2019 (US$ million)
    BHP's external insurers (not named) → BHP

    BHP booked US$50m of insurance income relating to the dam failure in FY2019; a US class action was settled for US$50m, mostly covered by insurance.

  6. 2020Paid$489m insurance-settlement income, FY2020 (US$ million)
    BHP's external insurers (not named) → BHP

    BHP booked US$489m of insurance-settlement income in FY2020; the same report states Samarco had not recognised an insurance receivable. BHP

  7. 2021Paid$573m other income from general-liability insurance proceeds, FY2021 (US$ million)
    BHP's external general-liability insurers (not named) → BHP

    BHP booked the proceeds as other income and said recoveries were now considered complete; no source says insurance money went to Renova, the settlement or restoration. BHP / SEC EDGAR

  8. 2026Paid$64m received, FY2026 (US$ million)
    BHP's external insurers (not named) → BHP

    Received in FY2026 alongside BHP's A$110m Australian class-action settlement. BHP / SEC EDGAR

  9. 2021Paid$159m received 2019–2021 (US$ million)
    Vale's general-liability insurers (not named) → Vale

    US$109m (2019), US$17m (2020) and US$33m (2021), booked under equity results; Vale expects no further material amounts.

  10. 2025No policy foundBRL 1.3bn insurance bonds (R$ million; guarantees, not payouts)
    Providers of insurance bonds (not named) → Renova obligations

    R$1.3bn of insurance bonds secured Renova obligations; a federal court released that requirement on 6 August 2025.

What nature saw

Outcomes measured on the ground, and nature's note.

Nature's report opens this page. Below: further outcomes measured on the ground.

Deaths
19
Bento Rodrigues destroyed (IUCN)
Tailings released
about 39m m³
IUCN; other sources 35–50m m³
Distance travelled
about 670 km
Down the Rio Doce to the Atlantic (IUCN)
Structure of the R$170bn
38 / 100 / 32
R$bn: already spent via Renova / payable over 20 years to public authorities and communities / Samarco obligations (Vale filing, 18 October 2024)
Owners convicted
0
Vale and BHP acquitted in Brazil; Samarco and three engineers convicted on appeal (2026); BHP found liable in the English High Court (2025), damages not yet set

What we don't know

Undisclosed, unproven, untried: recorded as data.
Deaths reportedCourt ruling existsCase pending / contested

Nature

  • Disputed Is BHP liable for the collapse, and was it foreseeable?

Money

  • None on record BHP insurance income (FY2019–FY2021, FY2026) — US$1,176m (USD; sum of 50 + 489 + 573 + 64), not converted.
  • None on record Vale Samarco-related insurance receipts (2019–2021) — US$159m (USD), not converted.
  • None on record Samarco and owners' profits from the mine — Not on record in the sources reviewed.

Insurers

  • Unclear ACE (now Chubb) lead with 80%; Fairfax and Mapfre in the pool; broker Willis: no decision on record.
  • Unclear Allianz (civil liability): no decision on record.
  • Unclear External liability insurers (not named): no decision on record.
  • Unclear Providers of insurance bonds (not named): no decision on record.

Figures

  • Insufficient Insurance cover reported: Reported maximum payout under Samarco's property and business-interruption policy (US$90m property plus US$510m business interruption); anonymous source via Reuters.

Accounts

  • Disputed Who is criminally responsible for the collapse and the 19 deaths?
  • Disputed Were the conditions for renewing the dam's licence met?
  • Disputed Was Renova independent of the mining companies?
  • Disputed How much of the R$170bn is new money, and where did the R$38bn go?
  • Disputed Did insurance cover Samarco's losses?

Record

  • None on record What Samarco's own insurers (ACE/Chubb, Fairfax, Mapfre, Allianz) paid: Samarco recognised no insurance receivable (as of BHP's FY2026 report), and the policy figures come from an anonymous source quoted by Reuters in 2015.
  • Unclear Whether insurance proceeds funded Renova, the settlement or restoration: no source states they did; BHP and Vale booked their receipts as other income or equity results.
  • Insufficient Where the R$38bn spent through Renova went: the press questions it; it is reported, but not independently verified, that President Lula said nobody knows (original source not identified).
  • Insufficient Damages in the English case have not been set; a hearing was listed for October 2026. The number of claimants: one 2024 report gives about 620,000 and other reports more than 700,000; not independently verified.
  • None on record The outcome of the Court of Appeal decision [2026] EWCA Civ 502 (6 May 2026) was not read in its own text; the refusal of permission to appeal, also reported for January 2026, is as reported by Mining Weekly and Mining Reporters.
  • Unclear Whether prosecutors will appeal the 3 September 2026 TRF-6 ruling (reported as under consideration), whether the convicted engineers will appeal, and whether the sentences are final.
  • Unclear Whether the charged engineer Samuel Santana Paes Loures is among the engineers convicted on 3 September 2026: not stated.
  • None on record Completion of Renova's dissolution is not confirmed.
  • Insufficient Reported but not independently verified: that construction of the dam began in 2007 before an executive project was submitted.
  • Insufficient Reported but not independently verified: a Vale US$25m settlement of a Samarco-related US class action; the court, date and claimants are not given, and whether insurance funded it is not on record.
  • None on record Samarco's, Vale's and BHP's earnings from the mine before the collapse are not given in the sources reviewed.

Did the harm stop?

The collapse was a single event on 5 November 2015. Four years later a Vale dam collapsed at Brumadinho. Payments under the October 2024 agreement run until 2043, Renova's programmes continue under Samarco after a 12-month transition, rebuilding of affected communities was reported unfinished, and damages in the English case were still to be set.

Who paid?

The families of the 19 dead, Bento Rodrigues and communities along the Rio Doce. Samarco, Vale and BHP fund the settlement (R$38bn spent through Renova to September 2024, R$100bn over 20 years, about R$32bn of Samarco obligations); BHP and Vale recovered about US$1.3bn from insurers.

Sources

Voices on record: ✓ Company or project✓ Government and regulators✓ Courts✓ Press and investigations✓ Communities and civil society— Researchers✓ International bodies

Company or project

  3. BHP Form 20-F FY2021
    BHP / SEC EDGAR · 2021
  8. Vale Form 6-K on the Mariana agreement
    Vale / SEC EDGAR · 2024-10-18

Government and regulators

Courts

  1. Município de Mariana v BHP Group [2025] EWHC 3001 (TCC)
    Courts and Tribunals Judiciary · 2025-11-14

Press and investigations

  2. Acordo Mariana assinado prevê 170 bi reparação
    Diário do Comércio · 2024-10-25

Communities and civil society

International bodies

Connected cases

Related matters, and cases linked to this one through the same organisations, with the role each played in both.
Terms used on this page

Institutions

DFC
The US International Development Finance Corporation, a government agency that lends to and insures private projects abroad.
IUCN Red List
The International Union for Conservation of Nature and its global list assessing species' risk of extinction.
SEC
The US Securities and Exchange Commission, which regulates securities markets and what companies tell investors.

Law and courts

Arbitration
A private dispute process in which an appointed arbitrator, instead of a court, decides the case.
Class action
A single lawsuit brought on behalf of a large group of people with similar claims.
Homicide charge
A criminal charge of unlawfully causing death. In Brazil, prosecutors may charge it where they argue a defendant accepted the risk of deaths.
Strict liability
Liability for harm regardless of fault or intent.

Science and environment

Tailings and tailings dam
Tailings are the waste left after ore is processed; a tailings dam is the embankment that stores them as wet sludge.

Places and local terms

Renova Foundation
The foundation set up after the 2015 Mariana dam collapse to carry out repairs and compensation on behalf of Samarco and its owners.

Insurance

Reinsurance
Insurance bought by insurers to pass part of their own risk to other companies.
Underwriter
An insurer, or a person at an insurer, who assesses a risk and decides whether and on what terms to insure it.
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