Japan Gov’t liability denied for nukes damages, Tepco to pay minimal damages to evacuees
Satoshi Abe (standing), head of the plaintiffs’ legal team, speaks at a news conference following the Yamagata District Court ruling in the city of Yamagata, northern Japan, on Dec. 17. 2019.
TEPCO ordered to pay minimal damages to Fukushima evacuees; Japan gov’t liability denied
December 18, 2019
YAMAGATA — The Yamagata District Court on Dec. 17 ordered Tokyo Electric Power Co. (TEPCO) to pay a total of 440,000 yen in damages to five plaintiffs who evacuated due to the March 2011 triple-meltdown at the Fukushima Daiichi nuclear plant, while also absolving the Japanese state of liability.
Not only did the ruling dismiss the plaintiffs’ damages claims against the central government, the compensation amount falls far short of the more than 8-billion-yen (about $73 million) total sought by the 734 people in 201 households who were party to the lawsuit. The plaintiffs, who evacuated from Fukushima to neighboring Yamagata Prefecture in northern Japan following the nuclear disaster, have stated they will appeal.
The ruling was the 13th by a district court in similar cases filed across the country. Among those, 10 lawsuits were filed against the government and TEPCO, and the state was found liable in six of them.
Regarding the plaintiffs beyond the five granted compensation, Presiding Judge Nobuyuki Kaihara stated that “the consolation money sought does not exceed what they have already been paid by Tokyo Electric,” among other reasons for denying them damages.
The decision went on to say that “there was a limit” to what degree the tsunami that disabled the Fukushima Daiichi plant’s cooling systems could have been predicted, and therefore the Japanese state was not liable to pay the nuclear disaster evacuees compensation. The court also found that though TEPCO was liable for some damages, “we cannot conclude that the company committed gross negligence. Practically speaking, it is difficult to say that the firm could have implemented rational controls (at the plant) to prevent an accident.”
The plaintiffs’ suit had demanded 11 million yen in compensation per person — the highest of any nuclear disaster evacuee civil suit in Japan save one filed with the Fukushima District Court. More than 90% of the households that were party to the Yamagata lawsuit had lived in the city of Fukushima and other parts of the northeastern prefecture not covered by mandatory evacuation orders.
“The ruling was a result that betrayed our expectations,” commented Satoshi Abe, who led the plaintiffs’ legal team. Meanwhile, the Nuclear Regulation Authority secretariat refrained from comment on the case, while TEPCO stated that it would “examine the content of the ruling and consider a response.”
Court denies state liability for nuke damages
December 18, 2019
YAMAGATA (Jiji Press) — The Yamagata District Court rejected Tuesday the claim that the government is liable for damages over the March 2011 accident at Tokyo Electric Power Company Holdings Inc.’s Fukushima No. 1 nuclear plant.
Meanwhile, the court ordered TEPCO to pay a total of ¥440,000 in compensation to five plaintiffs in a lawsuit filed by 734 people of 201 households who evacuated to Yamagata Prefecture after the nuclear accident.
About 90% of the plaintiffs, who sought some ¥8,074 million in total damages, are evacuees from outside areas for which a government evacuation order was issued following the triple meltdown accident at the plant, stricken by the March 2011 earthquake and tsunami.
The ruling marked the 10th of its kind for collective lawsuits against the government and TEPCO over the nuclear accident. This is the fourth time that state liability for damages has been denied.
The plaintiffs said the government and TEPCO could have predicted a tsunami that would lead to a nuclear accident on the basis of a long-term assessment to forecast the scale and probability of earthquakes. The assessment was disclosed by a government organization in 2002.
The accident could have been avoided if the government and TEPCO had set up coastal levees and made the emergency power system watertight, the plaintiffs also said.
But Presiding Judge Nobuyuki Kaihara rejected the claim of government liability for compensation. “Although there was a foreseeability [of the accident], we can’t help saying that there was a limit to it,” he said.
The court ordered TEPCO to pay some compensation under the law to compensate for nuclear-related damages.
“I wanted [the court] to understand our hardship,” said a female plaintiff who evacuated with her three children from Fukushima Prefecture, which hosts the crippled nuclear power plant
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On 22 January 2021, the UN Treaty on the Prohibition of Nuclear Weapons will enter into force. To mark the day that nuclear weapons become illegal under international law, ICAN campaigners and other anti-nuclear activists around the world will be hosting a huge range of actions and activities. Find one near you (or online in your timezone) through this interactive map at International Campaign to Abolish Nuclear Weapons . And make sure to add yours to the map as well!
110 Events for Global Action Day
25 January Takoma Park USA Commemorating ‘Nuclear-Free Zone’
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Hibakusha: A-bomb survivor, 95, never giving up the
battle to eliminate nuclear weapons
https://mainichi.jp/english/articles/20201229/p2a/00m/0na/032000c
December 30, 2020 (Mainichi Japan)
Tsuboi released comments expressing his joy after he
learned that the Treaty on the Prohibition of Nuclear
Weapons would enter in force.
“I am filled with excitement, thinking, ‘At long last.
This is great.’ It is a major step toward my long-held,
earnest desire for nuclear weapons to be banned
and eliminated,” he said. At the same time, he
noted that states with nuclear weapons, as well
as Japan, had not ratified the treaty and said, “The road hereafter may be rough.”
Still, each time I have met Tsuboi, he has
repeatedly stated, “I won’t give up until there ar
e zero nuclear weapons. Never give up!”
JAN 28 AT 7 AM UTC+11 – JAN 28 AT 8:30 AM UTC+11
Webinar: Ending the global security threats of nuclear power
Event by Coalition for Responsible Energy Development in New Brunswick, Beyond Nuclear and 2 others
of the week
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Fukushima: Save Pacific Ocean From Radioactive Waste
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Stop Excluding Military Pollution from Climate Agreements
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