Brazilian communities win landmark court case

In a significant ruling, the Court of Appeal has denied Brazil Iron's request to appeal a High Court decision, allowing two Brazilian quilombola communities to bring their environmental damage claim to the English legal system. The ruling paves the way for the Mocó and Bocaina communities, who are descendants of Afro-Brazilian slaves, to seek justice against the mining company for allegations stemming from its operations near their residences in Bahia state, Brazil.

This legal battle arose when Brazil Iron Limited (BIL) and Brazil Iron Trading Limited (BITL) argued that the case should be heard in Brazil rather than England. The claimants responded by highlighting the difficulties they would face in securing legal representation in Brazil. The High Court's March 2025 ruling favoured the communities, indicating that there was a "real risk" of the claimants being unable to access justice in their home country.

Following the High Court's decision, BIL and BITL sought to appeal, believing their case was stronger than the court suggested. However, the Court of Appeal has ruled against this appeal, stating it lacked "reasonable prospects of success." As a result, the case is set to continue in the English High Court.

The 103 claimants allege that years of mining dust pollution from iron ore extraction have significantly impacted their health and quality of life, causing both physical and psychological harm. Additionally, they accuse the mining activities of disrupting their sleep due to excessive noise, while explosions have caused structural damage to their homes. The Secretariat of Health for the State of Bahia has confirmed the existence of environmental damage in the area, declaring the drinking water unsafe for consumption.

Brazil's state environmental regulator, INEMA, suspended mining activities in April 2022 after multiple breaches of environmental authorisations by Brazil Iron Mineração Limitada (BIML), the local subsidiary responsible for operations.

Representing the communities, Leigh Day partner Richard Meeran expressed gratitude for the Court of Appeal's decision. Solicitor Jonny Buckley stated, "We are pleased that the Court of Appeal has refused Brazil Iron permission to appeal the High Court’s decision that these claims could proceed in England," emphasising the delays caused by Brazil Iron’s attempts to block the case. Claimant Catarina Oliveira da Silva expressed her relief and elation at the ruling, stating, "I am deeply grateful and happy with this news. It gave me a feeling I have never experienced before — of seeing justice done with integrity."

This landmark court ruling not only reinforces the importance of access to justice for those potentially affected by corporate actions but also sets a precedent for future environmental claims from communities across the globe