“High Court rules that Brazilian quilombola communities can bring environmental damage claim against UK mining company Brazil Iron in English courts”, 15 March 2025
The High Court ruled that it had jurisdiction over the communities’ claim for damages against the two English defendant companies, Brazil Iron Limited (BIL) and Brazil Iron Trading Limited (BITL) and the claim can be tried at the High Court in London.
The Mocó and Bocaina communities live between 150m and 2km from the Fazenda Mocó mine in Bahia state, which is operated by the Brazilian subsidiary of the Defendant companies, Brazil Iron Mineração Limitada (BIML).
The 103 claimants allege that the operations of the mine have caused them to suffer years of iron ore dust pollution, that noise from machinery has disturbed their sleep and blasting has caused structural damage to their homes, and that some of them have suffered physical and psychological injuries. They also allege that their land, crops and water sources have been contaminated.
The Secretariat of Health for the State of Bahia inspected the area in early 2021 and confirmed that due to the mining operations, the two communities were at risk of physical and mental illness and the drinking water in the area is not fit for human consumption. ..
In October 2023, the claimants obtained an injunction against Brazil Iron to halt alleged intimidation and harassment by representatives from the mine…
At a High Court hearing in December 2024, the claimants argued that there was a real risk that if required to bring their claim in the Brazil courts they would not be able in practice to obtain legal representation and hence access to justice in Brazil. The judge agreed and ruled that the case should be heard in an English court….