Vale SA and Samarco’s Dutch Subsidiary Named in £3 Billion Dutch Lawsuit Led by Pogust Goodhead for Mariana Dam Failure: Firms Freeze shares in Vale’s Dutch Subsidiary
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Insights
The lawsuit against Vale SA in the Netherlands is a significant event with potential implications for the company's financial health and reputation. As an environmental law expert, I see this as a strategic move by the claimants. By initiating legal action in a jurisdiction with potentially more favorable laws for environmental claims, they are leveraging the Dutch legal system's provision for collective redress mechanisms, which can be more plaintiff-friendly.
From a legal standpoint, the attachment of Vale's shares in its Dutch subsidiary is a preemptive measure to secure assets that could satisfy a potential judgment. This indicates that the claimants are serious about their pursuit and are taking steps to ensure there is a tangible means of compensation if they prevail. For Vale, this could mean a considerable financial risk, as the claim is substantial at £3 billion. Additionally, the broader impact on the mining industry could be the setting of a precedent for international legal accountability, potentially increasing the legal risks for multinational corporations operating in environmentally sensitive areas.
From a financial perspective, the lawsuit presents a material risk for Vale and its shareholders. The size of the claim, £3 billion, is not trivial and could affect Vale's balance sheet if the court rules in favor of the claimants. Investors should monitor this situation closely as it develops, considering both the immediate financial implications of any potential settlement or judgment and the longer-term effects on Vale's operational costs.
Moreover, the legal action may lead to increased scrutiny of Vale's environmental and safety practices, potentially resulting in stricter regulations, higher compliance costs and changes in investor sentiment. These factors are likely to influence Vale's stock performance and could weigh on the company's market valuation. It's important for investors to assess the adequacy of Vale's legal provisions and insurance coverage in relation to such environmental risks.
The resignation of an independent director from Vale's board, citing concerns, is another factor that investors should consider. It raises questions about the company's corporate governance practices and its ability to manage crises. Effective corporate governance is critical for investor confidence and any perceived weaknesses could deter investment.
The fact that Vale is involved in multiple lawsuits related to the same environmental disaster suggests that there may be systemic issues within the company's approach to environmental risk management. This could have long-term implications for the company's reputation and its relationships with regulators, communities and investors. Stakeholders are increasingly attentive to environmental, social and governance (ESG) factors and Vale's current challenges could have a lasting impact on its ESG ratings, potentially affecting access to capital and cost of funding.
Lawyers from Pogust Goodhead and Lemstra Van der Korst file claim in
AMSTERDAM &
The
The case was launched in
The asset attachment was made as a means of ensuring assets are ringfenced in the event of a successful outcome of the claim.
The Mariana dam was operated by Samarco, which is a joint venture between mining giants Vale of
The claim by the individuals and businesses affected by the collapse of the dam is brought by the Stichting Ações do Rio Doce, a not-for-profit foundation in
International law firm Pogust Goodhead already represents close to 700,000 victims of the Mariana disaster in a separate claim against mining company BHP in the English courts. The claimants bringing the new action in
News of the new action in
CEO and Global Managing Partner of Pogust Goodhead, Tom Goodhead, said: “More than eight years after the worst environmental disaster in Brazil’s history, it is appalling that many victims have still not received adequate redress for the damages caused to them.
“The claims being brought in
"The time has come for multinational conglomerates to be held accountable for their actions wherever they operate or make their profits. The Dutch subsidiaries played a key part in the global extraction of profits from the Samarco mine, with Samarco Iron Ore Europe BV a significant means of managing, marketing, and distributing Samarco’s iron ore produced from the Mariana dam that collapsed, destroying the lives of so many.
“Not only have Vale and Samarco failed to do the right thing by the victims, but they have also exposed their investors to extraordinary levels of risk in relation to the unprecedented compensation bill the company now faces.
“For too long, the victims of the Mariana dam disaster have seen Vale and BHP continue to boast about their profits and shareholder dividends while the victims have yet to receive redress for their losses as they continue to live with the devastation the companies caused eight long years ago.”
These new claims come after settlement negotiations in
The Mariana dam collapsed in November 2015, unleashing a torrent of toxic mud into the river basin below, destroying whole towns and villages across two Brazilian states before reaching the Atlantic Ocean.
The disaster is described as the worst environmental disaster in Brazilian history and the effects are still being felt to this day.
BHP will face a trial on liability in October 2024 in London’s high court. BHP has recently launched a contribution claim against Vale in those proceedings, seeking contribution from Vale in the event that BHP is held liable.
The Municipality of Gonzaga said: “This claim is of the utmost importance because it aims to repair the damages suffered by the municipality, and we believe that the funds sought will be used to develop public policies that the municipality needs, in education, health and the environment."
About Pogust Goodhead
Founded by Tom Goodhead and Harris Pogust in 2018, Pogust Goodhead is an international law firm headquartered in
The firm has been described as “the first legal unicorn,” following a trajectory more like a Fintech start up than a traditional law firm. Pogust Goodhead represents 1.9 million clients in cases across the world, seeking billions of dollars in damages.
Since its formation, Pogust Goodhead has become a world leader in environmental litigation. In 2022 the firm secured a landmark, unanimous judgment from the Court of Appeal that allows victims of the Mariana dam disaster to seek redress against BHP and now Vale, in the Courts of
View source version on businesswire.com: https://www.businesswire.com/news/home/20240319756880/en/
Media:
Pogust Goodhead
Lauren Veevers
lveevers@pogustgoodhead.com
Simon Alcock
salcock@pogustgoodhead.com
Priscilla Mendes
pmendes@pogustgoodhead.com
Source: Pogust Goodhead
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