Japanese Government and Utility Are Found Negligent in Nuclear Disaster
An abandoned home in Futaba, Japan, one of the towns around the Fukushima plant. Nearly 160,000 people evacuated the area after the disaster in 2011.
TOKYO — The Japanese government and the electric utility that operated the Fukushima Daiichi nuclear power plant were negligent in not preventing the meltdowns in 2011 that forced thousands of people to flee the area, a district court in eastern Japan ruled on Friday.
It was the first time that a court determined that both the Tokyo Electric Power Company, or Tepco, and the government bore responsibility for the nuclear disaster that followed a devastating earthquake and tsunami in March 2011. The decision could influence dozens of similar lawsuits filed by close to 12,000 evacuated residents now living across the country.
According to Japanese news reports of the ruling by the Maebashi District Court in Gunma Prefecture, the court said that the disaster, considered the worst nuclear calamity since Chernobyl in 1986, was “predictable” and that it was “possible to prevent the accident.”
The court ordered the government and Tepco to pay damages totaling 38 million yen, or about $335,000, to 62 residents who were evacuated from the towns around the Fukushima plant and who relocated to Gunma. Each was awarded a different amount, but the total worked out to an average of $5,400 a person.
In their lawsuit, 137 former residents had sued for damages of ¥11 million, about $97,000, per person, and the court awarded damages to half the plaintiffs. About half of them had left on government evacuation orders while the other half had decided to leave on their own. Each case was evaluated individually.
The court weighed whether Tepco and the government had paid adequate damages to the nearly 160,000 people who evacuated from the towns around Fukushima. About 90,000 people have returned or settled in other places, and Tepco has already paid about ¥7 trillion in compensation.
In the lawsuit, the plaintiffs said that the central government and Tepco should have foreseen the possibility of a tsunami of the magnitude that hit the plant and that they should have done more to protect the plant.
The March 11, 2011, meltdowns at Fukushima Daiichi, which is on the eastern coast of Japan, occurred when 32-foot waves breached the power station’s protective sea walls, flooding buildings and destroying diesel-powered electricity generators that were designed to keep critical systems functioning in a blackout.
Tepco did not deny responsibility in a statement on Friday.
“We again apologize from the bottom of our hearts for giving great troubles and concerns to the residents of Fukushima and other people in society by causing the accident of the nuclear power station of our company,” Isao Ito, a spokesman, said. “Regarding today’s judgment given at the Maebashi local court today, we would like to consider how to respond to this after examining the content of the judgment.”
Yoshihide Suga, the chief cabinet minister to Prime Minister Shinzo Abe, told reporters that the government had yet to see the details of the ruling.
“The concerned ministries and agencies are going to thoroughly examine the content of the judgment and discuss how we will respond to it,” Mr. Suga said.
Analysts said the case appeared to set an important precedent.
“Tepco’s argument all along has basically been that everything it did before the accident had been approved by the government, while the government has claimed that Tepco failed to follow guidance,” said Azby Brown, director of the Future Design Institute at the Kanazawa Institute of Technology and a volunteer researcher with Safecast, an independent radiation-monitoring group.
“This suit seems to have concluded that the evidence shows they share culpability,” he said. “I expect the government and Tepco to appeal, and for this to drag on for years.”
Izutaro Managi, a lawyer representing another class-action lawsuit against the government and Tepco, said that the government had failed in its oversight responsibilities. He said the damages were “not big enough.”
Representatives of groups that have sued the government and Tepco for negligence said they were more interested in the principle of the case than the amount of compensation awarded.
“The money is not a problem,” said Koichi Muramatsu, 66, a former resident of Soma City in Fukushima and the secretary of a victims group representing 4,200 plaintiffs in the suit being handled by Mr. Managi. “Even if it’s ¥1,000 or ¥2,000, it’s fine. We just want the government to admit their responsibility. Our ultimate goal is to make the government admit their responsibility and remind them not to repeat the same accident.”
In a statement, Katsumasa Suzuki, the chief lawyer for the plaintiffs, called the ruling significant because it “legally reconfirmed that government regulation was inappropriate.”
But he said he was disappointed by the low total of the damages.
“It is largely questionable whether the mental distress the plaintiffs faced was adequately evaluated,” he said.
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