A round of applause erupted in a courtroom on September 30th when the Sendai High Court issued a ruling holding the Japanese government and Tokyo Electric Power Company (TEPCO) responsible for the March 2011 Fukushima nuclear disaster.
The ruling accused the government and TEPCO of ignoring a 2002 long-term assessment study predicting an earthquake and tsunami and not taking the appropriate countermeasures. It also accused the government of failing to exercise its regulatory authority over TEPCO to ensure these measures were put in place. The court ordered the accused to pay 1.01 billion yen (~$9.5 million) to 3,550 plaintiffs in compensation. This is double the amount ordered by the Fukushima District Court in an October 2017 ruling.
A Watershed Moment
30 similar class-action lawsuits have been filed since the March 2011 Fukushima nuclear disaster. This landmark ruling, dubbed a “watershed moment” (天王山; ten’nouzan), has the potential to set a precedent for how those other cases are resolved.
Following the ruling, Nakajima Takashi, one of the leaders of the Fukushima plaintiff’s group, addressed supporters and plaintiffs outside the courthouse:
「国の規制権限不行使をはっきりと断罪した。被害者がどんなに苦しんでいても一切関係ないと言い逃れを図ってきた国を厳しく追い込ん判決だ」
The court clearly condemned the government’s failure to exercise its regulatory authority. It’s a judgment that forces the government, which has been attempting to excuse itself from having anything to do with the victims’ anguish, in a tough position.”
A Long Road to Recovery
Many of those impacted by the Fukushima nuclear disaster are still struggling to pick up the pieces of their lives. As of August 2020, there are currently 55,000 evacuees from Fukushima and neighboring prefectures. Some cleanup workers who’ve contracted serious illnesses have had to fight tooth and nail for the government to recognize them as victims of occupational accidents. Those who are trying to rebuild their lives struggle with trauma, illnesses caused by exposure to radiation, and prejudice. The prefecture itself also contends with enduring stigma, but efforts are being made to shine a positive light on Fukushima prefecture and all it has to offer.
Still Sticking to Their Guns
Despite this landmark victory, TEPCO and the government aren’t backing down: they filed an appeal with the Supreme Court on October 14, once again reiterating that they could not have prevented the disaster within the provided measures. TEPCO also argued they had already paid compensation to the victims under the government’s orders.
This appeal is a blatant disregard of the plaintiffs’ feelings. The group of roughly 3600 victims originally filed the lawsuit a little over seven years ago. The weary plaintiffs specifically requested an appeal not be filed to avoid dragging out the trial even more.
Managi Izutaro, one of the lawyers working with the Fukushima plaintiffs’ group, expressed his frustration with the government and TEPCO for their appeal but made it clear they were ready to continue the fight in the Supreme Court. He also penned an essay sharing his thoughts on the Fukushima disaster and how plaintiffs seek redress not just for themselves, but for all the victims who chose to or are unable to pursue legal action. The plaintiffs will have to work even harder for justice, but it sounds like a fight they are more than willing to take on to hold the government and TEPCO accountable.
