nuclear-news

Tokyo High Court holds Japan government not liable for Fukushima nuclear disaster

Sean Nolan | Southwestern Law School, US, DECEMBER 28, 2023 

Tokyo’s High Court found the government of Japan not liable Tuesday for damages related to the 2011 Fukushima nuclear disaster and associated mass evacuations, leaving responsibility solely with plant operator the Tokyo Electric Power Co. (TEPCO).

The ruling also reduced the damages amounts of a previous court order from $414,400 to $165,000 for 44 of 47 petitioners. The decision mirrors a previous ruling in 2022 which found that the government “was highly unlikely to been able to prevent the flooding” that damaged the plant. Ultimately, the court held that more stringent regulatory actions would have been insufficient to prevent the disaster since the size, direction and scale of the tsunami exceeded estimations for such an event. This is the latest in a series of decisions with different outcomes over the last several years including court cases in 2020 and 2017 which litigated the government’s role in failing to prevent the disaster. There is also a 2022 court case that found TEPCO executives personally liable.

Motomitsu Nakagawa, a lawyer, representing the evacuees expressed dismay with the decision and raised the possibility of another appeal calling the decision a “copy and paste” of the previous Supreme Court ruling. The nuclear disaster has already caused $82 billion in damages to victims, decommissioning work and storage for contaminated materials. While TEPCO has been responsible for all the decommissioning, including contaminant storage, it’s financial position has deteriorated over the last few years amid the massive costs associated with the work and multiple postponements due to technological challenges.

Legal fallout has also extended to the cleanup itself with court cases from South Korea fisheries and Japanese fisherman over the release of radioactive wastewater into the Pacific Ocean. The discharge also sparked international concern from neighboring countries and protests from activists who fear pollution and widespread destruction of wildlife and marine ecosystems.

December 30, 2023 - Posted by Christina Macpherson | Fukushima continuing, legal