As planned by the state government, BHP Billiton along with its sponsor, Samarco, should be adjudicated by a British court.
Espirito Santo officials are developing an economic group response plan for the damage caused after the 2015 Mariana dam failure.
This is the way the government found itself after treaty negotiations were rendered impossible.
Aerial view of Bento Rodriguez, Mariana District (MG) and nearby areas affected by the collapse of two tailings dams owned by mining company Samarco.
| Photo: MÁRCIO FERNANDES/ESTADÃO CONTEÚDO
In an earlier conversation with A Tribuna newspaper, the state attorney general, Jason Hibner, characterized the companies’ proposal as “insensitive” and “inhumane”.
However, the move was a novelty in the Espirito Santo legal landscape, so state Attorney General Jason Hipner characterized the move as “unusual”.
The joint action includes seeking compensation for about 200,000 victims, including tribal communities, municipalities, municipalities, corporations and religious organizations.
The Pogust GoodHead team, which specializes in large-scale litigation, is expected to lead the case in the UK.
According to the information they provided, this is the largest collective action related to an environmental disaster in the English courts.
Reached for comment on the case, Samarco said it would not comment on the international process, however, regarding the effort to reach an extrajudicial settlement, it said both the company and its shareholders have not refused to pay the amount required for compensation.
According to the note sent, “the companies are open to dialogue”. Fundação Casa, as of July, has provided compensation to more than 400,000 families, representatives said.
In the backdrop of state government implementation measures, officials met with central government agencies working to protect the environment in Brasilia yesterday.
Ricardo Iinotti, Undersecretary of the Civil House and Executive Coordinator of the Pro-Rio Dos Committee, points out that the purpose is to decide with the executive what actions will be taken in Espirito Santo.
An appeal to international courts is justified by the fact that the English judge accepts the economic damages ignored by the Brazilian system.
the other side
In a statement, Samarco said, “Samarco will not comment on Espirito Santo’s government’s intention to file a lawsuit in the English courts”, however, regarding the renegotiation, the company commented that efforts to reach value. Both parties were pleased that “the renegotiation process followed its normal course” and reinforced the investment of R$ 24 billion in shares by the Renova Foundation.
understand
No out-of-court settlement
For 14 months, state and Minas Gerais government officials tried to formalize an agreement out of court to reestablish negotiations.
The plan proposed by the companies is to pay the total compensation over 20 years.
State Attorney General Jason Hibner Amaral said the companies were disrespectful. This will lead to a lawsuit in the UK court.
Source: State Attorney General’s Office.
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