The petition involves claims over more than 100 million tons of iron ore tailings.
Brazilian mining firm Itabiriçu filed a petition on September 25, 2026, asking the Supreme Court of Texas to review an appellate court decision in its dispute against Vale.
The lawsuit originated in October 2023 in Nueces County, Texas. Itabiriçu alleged that Vale conspired with Voestalpine Texas, LLC and Voestalpine US Holding LLC to dominate iron ore supply in Texas. The claim alleges that Vale extracted and sold more than 100 million tons of iron ore tailings owned by Itabiriçu to Voestalpine, which processed and shipped the material through the Port of Corpus Christi.
The dispute centers on Brazil's Research Permit Polygonal tailings area. In September 2023, a Brazilian federal court upheld Itabiriçu's ownership of the tailings, but Vale had already extracted and sold materials from the site. The Texas Court of Appeals previously dismissed the conversion and sale allegations against Vale, ruling that the matter belonged exclusively in Brazilian courts.
In its appeal, Itabiriçu argues that Vale established a joint Texas Project with Voestalpine and commingled the mineral assets to hinder traceability. The case is filed under Case No. 26-0792.
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