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Plaintiffs slam Supreme Court ruling

June 17, 2022

Some plaintiffs expressed their frustration at a news conference in Tokyo on Friday following a Supreme Court decision that the government is not responsible for the 2011 nuclear accident in Fukushima.

The leader of the plaintiffs from Fukushima Prefecture, Nakajima Takashi, said many people without the means to evacuate have had to keep living there while fearing radiation. He said the ruling is absolutely unacceptable as they are still struggling.

Tanji Sugie from Gunma said she has lost many things since evacuating 11 years ago. She said she wanted relief measures commensurate with the plight in which the plaintiffs found themselves, and had clung to the hope that the Supreme Court would hold the state liable.
She called the ruling regrettable, and added that a country that fails to protect its people should not operate nuclear power plants.

The leader of the plaintiffs in Chiba, Omaru Tetsuya, said he had believed the claim by the state and TEPCO that nuclear plants are safe and secure, but he ended up being forced to evacuate as a result of the disaster. He said he wanted the court to shed light on why the state had made such a claim and whether the state’s judgment was correct, and to acknowledge its responsibility for the accident.

Watanabe Hiroshi from Ehime Prefecture said the plaintiffs want to put an end to their suffering and move forward. He said they relied on the judicial authorities to achieve this because the government has refused to respond. He added that if the blame is placed on TEPCO alone, the mistakes by society that led to the accident will not be corrected.

https://www3.nhk.or.jp/nhkworld/en/news/20220617_33/?fbclid=IwAR2NIGovn4VOYisj-oWuEWBH7oaJ5uU_eMyIYcSAZy430oMxBcvMEK0mwaM

June 18, 2022 Posted by | Fuk 2022 | , , , | Leave a comment

Japan’s top court says government not responsible for Fukushima damage

An aerial view shows the Fukushima Daiichi nuclear power plant following a strong earthquake, in Okuma town, Fukushima prefecture, Japan in this photo taken by Kyodo on March 17, 2022.

TOKYO, June 17 (Reuters) – Japan’s government is not liable for damages demanded by people whose lives were devastated by the Fukushima nuclear disaster, the country’s top court said on Friday, the first such ruling in a series of similar cases.

The ruling’s effect as a precedent will be closely watched, media said.

A massive tsunami set off by a 9.0 magnitude earthquake off Japan’s northeastern coast on March 11, 2011 struck the Fukushima Daiichi power plant of Tokyo Electric Power (Tepco), causing the worst nuclear disaster since Chernobyl and forcing hundreds of thousands from their homes.

Plaintiffs demanded damages from both Tepco and the country in several class-action lawsuits, and in March the Supreme Court upheld an order for Tepco to pay damages of 1.4 billion yen to about 3,700 people.

Japanese Chief Cabinet Secretary Hirokazu Matsuno declined direct comment when asked about the ruling at a news conference, though he said he was aware of it.

“Regardless of the ruling, we will stay close to those affected by the disaster and keep on doing our utmost for Fukushima’s reconstruction and revival,” he said.

An aerial view shows the Fukushima Daiichi nuclear power plant following a strong earthquake, in Okuma town
An aerial view shows the Fukushima Daiichi nuclear power plant following a strong earthquake, in Okuma town, Fukushima prefecture, Japan in this photo taken by Kyodo on March 17, 2022.

TOKYO, June 17 (Reuters) – Japan’s government is not liable for damages demanded by people whose lives were devastated by the Fukushima nuclear disaster, the country’s top court said on Friday, the first such ruling in a series of similar cases.

The ruling’s effect as a precedent will be closely watched, media said.

A massive tsunami set off by a 9.0 magnitude earthquake off Japan’s northeastern coast on March 11, 2011 struck the Fukushima Daiichi power plant of Tokyo Electric Power (Tepco), causing the worst nuclear disaster since Chernobyl and forcing hundreds of thousands from their homes.

Plaintiffs demanded damages from both Tepco and the country in several class-action lawsuits, and in March the Supreme Court upheld an order for Tepco to pay damages of 1.4 billion yen to about 3,700 people.

Japanese Chief Cabinet Secretary Hirokazu Matsuno declined direct comment when asked about the ruling at a news conference, though he said he was aware of it.

“Regardless of the ruling, we will stay close to those affected by the disaster and keep on doing our utmost for Fukushima’s reconstruction and revival,” he said.

About 470,000 people were forced to evacuate in the first days after the disaster, and tens of thousands remain unable to return even now.

Lower courts had split over the extent of the government’s responsibility in foreseeing the disaster and ordering Tepco to take steps to prevent it.

https://www.reuters.com/world/asia-pacific/japans-top-court-says-govt-not-responsible-fukushima-damage-media-2022-06-17/

June 18, 2022 Posted by | Fuk 2022 | , , | Leave a comment

Commentary] Class Action Lawsuit over Nuclear Power Plant Accident: One Dissenting Opinion What are the Key Points of the Supreme Court Decision?

June 17, 2022
We will explain the points of the Supreme Court’s ruling on the 17th regarding the nuclear power plant accident.

First, TEPCO, which has been awarded compensation, made the following comment: “As a party to the accident, I would like to reiterate my sense of responsibility and pain. The company issued an apology, saying, “As a party to the accident, we are once again acutely aware of our responsibility and deeply apologize to the plaintiffs.”

The government then commented, “We will continue to face up to the threats posed by nature, and we will work tirelessly to review our regulations.

The most significant aspect of today’s decision was the finding that the accident could not have been avoided even if the government had mandated TEPCO to take tsunami countermeasures.

The reasons given were that “the tsunami that actually came in was much larger than expected” and that the tsunami “came in from the east as well as the southeast side of the plant,” as had been assumed.

Of the four judges, only Judge Mamoru Miura acknowledged the government’s responsibility and wrote a dissenting opinion.

Lawyers for the plaintiffs have criticized the Supreme Court’s decision, saying that “the process that led to the conclusion of the court’s decision does not face the damage at all.

As for the future impact of the ruling, about 30 cases are still ongoing regarding the damage caused by the nuclear power plant accident. I think it is very significant that the Supreme Court has reached a unified judgment on the responsibility of the government.

The substance of the damages in dispute differs from case to case, so it does not mean that the trials will end immediately, but the impact will not be small

The conclusion drawn 11 years after the disaster. It is likely to have an impact not only on the plaintiffs in this case, but also on other trials and future nuclear policy.
https://newsdig.tbs.co.jp/articles/tuf/73310?display=1

June 18, 2022 Posted by | Fuk 2022 | , , | Leave a comment

Japan’s top court rules state not liable for Fukushima disaster

Plaintiffs for lawsuits demanding that the government pay compensation for the Fukushima nuclear accident walk to the Supreme Court in Tokyo on Friday.

June 17, 2022

Japan’s top court on Friday dismissed claims that the government should pay damages in cases involving around 3,700 people whose lives were seriously affected by the 2011 Fukushima nuclear disaster, absolving the state of responsibility for mass evacuations in the crisis.

The decision by the Supreme Court’s Second Petty Bench was the first for the top court and covered four lawsuits filed in Fukushima, Gunma, Chiba and Ehime prefectures. Around 30 such lawsuits have been filed across Japan by people who had to evacuate from their home or whose lives were greatly impacted by the earthquake— and tsunami-triggered disaster.

The ruling leaves Tokyo Electric Power Company Holdings, the operator of the crippled Fukushima No. 1 nuclear power plant, solely responsible for slightly over ¥1.4 billion ($10.5 million) in damages in the four lawsuits. The top court finalized the utility’s liability in March for the first time.

The ruling marks a major milestone 11 years after a massive earthquake and ensuing tsunami in Japan’s northeastern region triggered the world’s worst nuclear incident since the 1986 Chernobyl disaster and will inevitably set a precedent for future cases.

Lower courts were split over the extent of the state’s responsibility for the disaster as the regulator of the company, also known as Tepco. Of the four lawsuits, high courts had found the state responsible except in the Gunma case.

The focal point of the four suits was whether the government and Tepco were able to foresee the huge tsunami that hit the seaside plant on March 11, 2011, and take preventive measures beforehand, with conflicting claims made by the parties regarding the government’s long-term earthquake assessment made public in 2002.

The assessment, made by the government’s earthquake research promotion unit, predicted a 20% chance of a magnitude-8-level tsunami-triggering earthquake occurring along the Japan Trench in the Pacific Ocean, including the area off Fukushima, within 30 years.

Based on the assessment, a subsidiary of the power company had estimated in 2008 that a tsunami of up to 15.7 meters could strike the nuclear power plant.

The plaintiffs argued that the disaster was, therefore, preventable if the government had exercised its regulatory powers to order the company to take preventative measures against flooding based on the long-term assessment.

The government and the company, for their part, claimed that the assessment was not established knowledge, and even if they had foreseen a tsunami higher than the site of the plant and taken measures against it, they could not be held liable as the scale and direction of the actual tsunami differed from estimates.

Of the roughly 30 damages suits seeking compensation from the state and the company over the disaster since 2013 by more than 12,000 people, lower courts have issued rulings in 23.

In 12 cases, courts acknowledged that the government and the utility were negligent in preparing for a tsunami similar to the one that struck the facility. In the other 11, courts ordered only the company to pay damages.

https://www.japantimes.co.jp/news/2022/06/17/national/crime-legal/fukushima-court-no-damages/?fbclid=IwAR0_9rD12pY1rmOQ9u844nNfefLVD_M1kAqha9FW8b24s2jZffeznViDNnU

June 18, 2022 Posted by | Fuk 2022 | , , , | Leave a comment

The Supreme Court “does not accept the responsibility of the government” for the nuclear power plant accident

June 17, 2022
The Supreme Court has refused to recognize the government’s responsibility in four class action lawsuits filed by approximately 3,800 people in Fukushima and other prefectures against Tokyo Electric Power Company (TEPCO) and the national government over the nuclear accident. Eleven years have passed since the earthquake and the nuclear accident. We caught up with each of the plaintiffs on the day that marked a major milestone.
https://newsdig.tbs.co.jp/articles/tuf/73210?display=1&fbclid=IwAR1NlC9yQdyN-k6f41FHUGE1FLAIqhrqEv6vbJuaoQ6YPzbJn3Oonbs54Ic

June 18, 2022 Posted by | Fuk 2022 | , , , | Leave a comment

Class Action Lawsuit by Evacuees of Nuclear Power Plant Accident to be Decided by Supreme Court Today

June 17, 2022

The Supreme Court will hand down its decision on April 17 in four class action lawsuits filed by people who evacuated to various areas after the accident at the Fukushima Daiichi Nuclear Power Plant, demanding compensation from the government and Tokyo Electric Power Company (TEPCO). The Supreme Court is expected to issue its first unified judgment on the government’s responsibility for the nuclear accident, which may have an impact on similar lawsuits filed across Japan and the way relief should be provided to the victims.

The Supreme Court’s decision will be handed down in four class action lawsuits filed against the government and TEPCO by people who evacuated to various areas after the nuclear power plant accident, including Fukushima, Gunma, Chiba, and Ehime.

The focus of the lawsuits is the reliability of the “long-term assessment” published by the government’s Headquarters for Earthquake Research Promotion in 2002, nine years before the earthquake, and whether the government could have predicted the huge tsunami and prevented the accident if TEPCO had taken countermeasures.

The residents of the area said, “The long-term assessment is reliable, and the government should have ordered tsunami countermeasures, but it failed to do so. The residents argued that the accident could have been prevented if they had been given countermeasures for flooding and other problems.

In response, the government argued that the “long-term assessment” was unreliable and that the actual tsunami was different in scale from the estimates based on the assessment.

The two courts were divided in their decisions, with the Fukushima, Chiba, and Ehime courts recognizing the reliability of the “long-term assessment” and holding the government responsible, while the Gunma court denied the reliability of the “long-term assessment” and held the government not responsible.

This is the first time that the Supreme Court has reached a unified decision on the government’s responsibility for a nuclear accident. If the court determines that the government is responsible for the accident, the government, along with TEPCO, will be liable for the total 1.4 billion yen in compensation that has already been determined.

Furthermore, the ruling is expected to have an impact on similar lawsuits that have been filed throughout Japan, and depending on the decision, it may have a ripple effect on the relief for victims and the way nuclear power plants are regulated.

The verdict will be handed down at 2:30 p.m.


The judgments so far are.

The issues are whether a giant tsunami could have been predicted based on the “long-term assessment” of earthquakes published by a national agency, and even if it could have been predicted, whether it would have been possible to avoid the accident by having TEPCO take effective countermeasures.

Of the four cases for which verdicts are to be handed down, the Fukushima and Ehime lawsuits were found to be the responsibility of the government in both the first and second trials.

The Fukushima lawsuit, also known as the “Ikigyo lawsuit,” is the largest class action lawsuit in Japan, with over 3,500 plaintiffs.

The Sendai High Court, which made the first ruling in the second trial, noted in September 2008 that “the ‘long-term assessment’ has an objective and reasonable basis, and that if the government and TEPCO had promptly made estimates based on this assessment, they could have predicted a large-scale tsunami.

He continued, “It must be admitted that the government was trying to avoid estimating the long-term assessment itself because it was afraid of the large economic burden on TEPCO. It is illegal for the government not to have ordered measures to be taken.

In a lawsuit brought by more than 20 people who evacuated to Ehime Prefecture, both the first and second judges found the government liable, saying, “The government should have predicted the danger of tsunami based on the long-term assessment and taken countermeasures.

On the other hand, the first and second judgments in Chiba and Gunma differed.

In a lawsuit by more than 40 people who evacuated to Chiba Prefecture, the Chiba District Court in the first trial denied the government’s responsibility, saying, “Although the arrival of the tsunami could have been foreseen in 2006 at the latest, it is not recognized that the accident could have been prevented through measures related to the tsunami.

However, the Tokyo High Court in the second instance denied the government’s responsibility, stating, “If a tsunami assessment had been made based on the ‘long-term assessment,’ the government could have recognized that there was a risk of tsunami exceeding the height of the nuclear power plant site. If countermeasures had been taken, the impact of the tsunami would have been mitigated and the plant would not have lost all of its power supply.

In a lawsuit filed by more than 90 people who evacuated to Gunma Prefecture, the Maebashi District Court in the first trial accepted the government’s responsibility, but the Tokyo High Court in the second trial, a different judge from the Chiba lawsuit, refused to accept the government’s responsibility, saying that “it cannot be said that the tsunami could have been predicted based on long-term assessment and that the accident could not have been avoided even if tsunami countermeasures had been taken. The court refused to accept the government’s responsibility, stating that “the tsunami was not predicted by the long-term assessment.


What is a “long-term assessment?”

The “long-term assessment” that was the focus of this report was published in July 2002 by the Headquarters for Earthquake Research Promotion, a group of experts on earthquakes and tsunamis established by the Japanese government in the wake of the Great Hanshin-Awaji Earthquake, to estimate the areas where major earthquakes and tsunamis will occur in the future based on past earthquakes and other data, and the probability of their occurrence.

What was published at that time was a forecast of seismic activity from Sanriku-oki to Boso-oki. Based on the fact that three major earthquakes with magnitude 8-class tsunamis have occurred along the Japan Trench in the past 400 years, we estimated that a similar earthquake would occur within a wide area on the Pacific side, including off the coast of Fukushima Prefecture, with a probability of about 20% within 30 years.

Based on this “long-term assessment,” a subsidiary of TEPCO estimated in 2008, three years before the nuclear accident, that the maximum tsunami height that could reach the Fukushima Daiichi Nuclear Power Plant would be 15.7 meters. The result was much higher than the maximum height of 5.7 meters that TEPCO had assumed at the time, and some on-site personnel voiced the need for countermeasures.

On the other hand, some experts questioned the reliability of the “long-term assessment,” and so the study was entrusted to another organization, the Japan Society of Civil Engineers (JSCE), which had previously assessed tsunami heights, and no concrete measures were taken.

One of the main issues in the trial was whether the government and TEPCO were able to foresee a huge earthquake with a large tsunami before the nuclear accident based on scientific evidence, and whether the “long-term assessment” could be said to be the basis for the foresight.

The Supreme Court’s decision on the “long-term assessment” is expected to be the focus of attention.


Evacuee Class Action Lawsuits Filed in 33 Cases Nationwide

A total of 33 class action lawsuits have been filed across Japan by people who evacuated to various areas after the accident at the Fukushima Daiichi Nuclear Power Plant, demanding compensation from the government and TEPCO, with a total claim of 106 billion yen and more than 12,000 plaintiffs.

Four of these lawsuits have been appealed to the Supreme Court (Fukushima, Gunma, Chiba, and Ehime), which will hand down its decision on April 17. 14 lawsuits filed at 13 district courts and branches in Tokyo, Yokohama, Niigata, and other cities are being heard by the High Court.

In the two cases of Saitama and Fukushima, where the government’s responsibility was dismissed at the first trial in April this year and on the 2nd of this month, the residents and others have appealed the cases.

The remaining 13 cases are still pending in the district court or awaiting a decision.

The court decisions on the responsibility of the government are divided, with 12 of the 24 judgments handed down so far by the first and second instance courts acknowledging the responsibility of the government and 12 refusing to do so.

The breakdown is as follows: the district court in the first instance recognized the state’s responsibility in 9 cases, and the high court in the second instance did not recognize the responsibility in 11 cases.

Of the four lawsuits decided by the high court, Fukushima and Ehime were found to be responsible by both the first and second instance courts, while the first instance court that found the government liable in Gunma was reversed, and conversely, the second instance court found the government liable in Chiba.

Under these circumstances, the Supreme Court’s unanimous decision may have an impact on the lawsuits that are still being heard in various regions.


Four lawsuits confirm TEPCO’s liability and the amount of compensation in excess of 1.4 billion yen.

The Nuclear Damage Compensation Law stipulates that in the event of a nuclear accident, electric power companies are in principle liable for unlimited compensation regardless of fault, and in four lawsuits, TEPCO’s liability and the combined damages in excess of 1.4 billion yen have already been determined.

The national review board established in response to the accident at the Fukushima Daiichi Nuclear Power Plant established “interim guidelines,” which set standards for the amount of compensation, and TEPCO has individually compensated those who are eligible for compensation based on these guidelines.

Although the amount and the range of damages awarded differed, the amount of compensation awarded exceeded the interim guidelines in each case, taking into consideration the fact that the victims had to change their lives before the accident and the “loss of their hometowns” among other factors.

The amounts awarded were approximately 1 billion yen to 3,500 people in the Fukushima lawsuit, 120 million yen to 90 people in the Maebashi lawsuit, 270 million yen to 40 people in the Chiba lawsuit, and 46 million yen to 20 people in the Ehime lawsuit.

If the Supreme Court rules that the government is also liable for compensation, TEPCO and the government will both have to bear the burden of compensation amounting to about 1.44 billion yen in total for the four cases.


More than 30,000 people still living in evacuation shelters

According to Fukushima Prefecture and the Reconstruction Agency, up to 164,865 residents of Fukushima Prefecture alone were evacuated due to the Great East Japan Earthquake and the nuclear power plant accident, and as of last month, more than 11 years after the accident, 30,231 people, or 18%, were still living as evacuees.

Of these, 6,549 are in Fukushima Prefecture, 23,677 are outside the prefecture, and 5 are unaccounted for.

Evacuees from Fukushima are located in all 47 prefectures of Japan, with Ibaraki Prefecture having the largest number of evacuees with 2,626, followed by Miyagi Prefecture with 2,573, Tokyo with 2,431, Saitama Prefecture with 2,386, Niigata Prefecture with 1,1958, Kanagawa Prefecture with 1,790, Chiba Prefecture with 1,423, Yamagata Prefecture with 1,262, Tochigi Prefecture with 1,151, and Hokkaido with 617. Hokkaido has 617, and so on.

So-called “voluntary evacuees” who evacuated from areas where evacuation orders were not issued are not included in the number of evacuees within the prefecture, but are included in the number of evacuees outside the prefecture.

In addition, people who have rebuilt their houses or moved into public disaster housing are not included in the evacuees because the evacuation is considered to end when the provision of free housing such as temporary housing ends. However, people who are living in the homes of relatives or acquaintances are included as evacuees as temporary temporary housing.


Plaintiffs who continue to live in evacuation shelters are

Keiko Fukaya, 77, who represented more than 3,500 plaintiffs in the Fukushima case, was living in Tomioka Town, Fukushima Prefecture, approximately 7 km from the Fukushima Daiichi Nuclear Power Plant at the time of the accident.

She has been living in Koriyama City for the past three years, after having evacuated to other prefectures in and out of Fukushima Prefecture 10 times.

He worked as a hairdresser for many years, and when he was 59 years old, he built a beauty salon on the premises of his home to provide a place for the community to relax.

Ms. Fukaya said, “I loved this house where I could live slowly. The house where I raised my children and lived with my husband for several decades is my life itself, so when I see it in ruins, I feel sad and wonder what my life and all the hard work I have done so far has been for nothing, and every time I see it, I burst into tears.

The judge visited this place in May 2019 for a site survey during the course of the second hearing at the Sendai High Court, and at that time, Ms. Fukaya directly conveyed her feelings to the court, wanting them to know the situation the evacuees are in.

Before the Supreme Court’s ruling, Ms. Fukaya visited a beauty salon in the hard-to-return zone last week for the first time in three years since the time of the field survey, but the roof had collapsed and the interior was inaccessible.

Ms. Fukaya said, “I couldn’t go in there because they said the radiation was particularly high, and it was covered with scrub and looked like a mountain. My work and interaction with my neighbors were my purpose in life, and I put my heart and soul into building my beauty parlor, but because of the nuclear accident, everything I have built over the past 40 years while living and struggling in this town has been destroyed by the slides. For me, it is as if everything was taken away from me,” she said with tears in her eyes.

He then added, “It is not a matter of money. I really don’t want money, I want things to go back to the way they were. If they could return it to the way it was before the nuclear accident and put me back where I was, I would like to come back here, but that is impossible. If there had been no nuclear power plant, if the accident had not happened, I could have lived here, but because of the nuclear accident, I can’t live here anymore,” he said.

He continued, “The past 11 years have been a waste of time for me, as I have been repeatedly evacuated, living like a rootless weed, lost on the street. I wanted to do more, but nothing has been done and nothing has been decided. No one will give me back the past 11 years of my life, but what can we do if the government does not accept its responsibility? That is why we absolutely must win this trial, and for the sake of the many people who are still evacuated, we must win.


Possible Influence on the Way Victims’ Relief is Provided

The Supreme Court’s decision on the government’s liability for the accident at the Fukushima Daiichi Nuclear Power Plant may have an impact on the way relief for victims is provided.

Of the approximately 30 class action lawsuits filed by people who evacuated to various locations as a result of the nuclear accident, the Supreme Court has so far ruled in seven cases that TEPCO is liable for compensation and that the amount of compensation exceeds the guidelines set by a national panel by 2013.

The reason for this is that new damage, prolonged evacuation, and delays in the restoration of living conditions in the surrounding areas were unforeseen at the time the guidelines were established.

However, up to now, the government has been “supporting” TEPCO by issuing government bonds and providing necessary funds to compensate for damages caused by the nuclear power plant accident, based on the assumption that the government has a social responsibility for promoting nuclear energy policy.

If the Supreme Court ruling holds the government responsible for the accident, the government will be recognized as a party to the same problem as TEPCO, which may lead to a review of the way relief for victims should be provided.


Experts: “The nature of compensation and support will determine the future course of events.”

Professor Rifumi Yedimoto of Osaka Public University, an expert on compensation for nuclear accidents, commented on the significance of the ruling: “This is the first judgment on the responsibility of the government in the more than 11 years since the nuclear accident. It is a decision of great significance in that it will determine the future direction of compensation, reconstruction policies, and support for disaster victims.

If the government is found to be responsible for the disaster, the government will face the victims in the same position as TEPCO, and the foundation of its policies will be fundamentally changed,” he said. This would have the impact of fundamentally changing the foundation of the government’s policy. I think the government will be required to review its policies, such as by launching a drastic effort to support the reconstruction of the lives of individual victims.

Professor Dedimoto commented, “The Supreme Court’s decision in March of this year confirmed that the compensation based on the government’s guidelines to date is insufficient. Regardless of what conclusion is reached regarding the responsibility of the government in this decision, I think it is essential to review the guidelines. There are many things that have become clear through research and trials over the past 11 years, and the government should properly consider what the ideal form of compensation should be.

https://www3.nhk.or.jp/news/html/20220617/k10013675451000.html?fbclid=IwAR10lwc_d5Pu-6uVmuI3WOmjIftSBlMtVlqNlBRwRpqoloWMX29yeA3idBM

June 18, 2022 Posted by | Fuk 2022 | , , , | Leave a comment

First unified decision on state liability Supreme Court to hear appeals of four class action lawsuits on June 17

June 16, 2022
On June 17, the Supreme Court’s Second Petty Bench (Chief Justice Hiroyuki Kanno) hands down its first unified judgment on the state’s responsibility in four class action lawsuits brought by evacuees of the TEPCO’s Fukushima Daiichi Nuclear Power Plant accident, who sought compensation from the state and TEPCO. The High Court has reached a split decision on the issue. The high court has reached a split decision, and it is inevitable that the outcome of subsequent lawsuits of the same type will be determined. The impact on the criminal trials of TEPCO’s former management is also attracting attention. The series of lawsuits seeking to hold the government legally responsible for the unprecedented accident has reached a major milestone.

 The progress of the first and second trials in the four lawsuits is shown in the table below. In addition to the amount of compensation, the lawsuits also focus on (1) the reliability of the “long-term assessment” of earthquake forecasts released in 2002 by the government’s Headquarters for Earthquake Research Promotion, and (2) the reliability of the nuclear power plant’s earthquake forecast. In addition to the amount of compensation, the main points of contention were (1) the reliability of the “long-term assessment” of earthquake forecasts released by the government’s Headquarters for Earthquake Research Promotion in 2002, (2) whether the arrival of a tsunami at the plant could have been predicted (foreseeability), and (3) whether the accident could have been prevented if the government had made TEPCO take measures (obligation to avoid consequences). The appeals court decisions in the Fukushima, Chiba, and Ehime cases found the long-term assessments to be reliable and found the government liable for the accident. On the other hand, the Tokyo High Court denied the government’s responsibility in the Gunma lawsuit.

 The issue that will divide the Supreme Court on March 17 is how to determine whether the government’s regulatory authority over TEPCO was “properly exercised or illegally exercised” with regard to the tsunami countermeasures at the Fukushima Daiichi Nuclear Power Plant.

 In the Chikuho pneumoconiosis lawsuit, the Sennan asbestos lawsuit, and other lawsuits in which the existence of state liability for non-use of regulatory authority was disputed, the Supreme Court has taken the position that the state is liable for compensation if its failure to use its authority “deviates from permissible limits and is extremely unreasonable.

 The court is expected to follow this approach with regard to the nuclear power plant accident, and will examine the foreseeability of the tsunami and other issues to reach a verdict.

 In their arguments at the appeal hearings held in April and May, the plaintiffs argued that the long-term assessment was “highly reliable” and that the tsunami could have been foreseen based on the predictions. They argued that the accident could have been prevented if the government had forced TEPCO to build seawalls and make the buildings watertight to prevent flooding.

 On the other hand, the government argued that the long-term assessment was unreliable and “not precise and accurate enough to be incorporated into nuclear regulations. Even if TEPCO had been ordered to take countermeasures, the actual tsunami would have been different in scale and direction, and the accident could not have been prevented.

 In March, prior to the ruling, the Second Petty Bench of the Tokyo District Court had already rejected appeals by both the plaintiffs and the defendant regarding the amount of damages. With this decision, TEPCO’s liability and the amount of compensation are now fixed.
https://www.minpo.jp/news/moredetail/2022061697974?fbclid=IwAR1Q9vySLN6xSfAStjuONrVPFKgU3N2yHDsFjioDW9gN33nEVsI3LrbJuzQ

June 18, 2022 Posted by | Fuk 2022 | , , , | Leave a comment