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Tepco again ordered to pay damages in nuclear disaster, but not state via The Mainichi

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The Chiba District Court ruling follows a Maebashi District Court decision in March that found negligence on the part of both Tepco and the government played a part in the worst nuclear catastrophe since Chernobyl and ordered them to pay damages.

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The focal point of the Chiba case 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, which was made public in 2002.

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

Based on the assessment, the plaintiffs argued that, with the plant standing on ground roughly 10 meters above sea level, a tsunami higher than the ground striking the plant could have been predicted.

They then claimed that the disaster was therefore preventable if emergency power generation equipment had been placed on higher ground, and that the government should have made Tepco take such measures by exercising its regulatory powers.

The government and Tepco, for their part, claimed the assessment was not established knowledge, and that even if they had foreseen a tsunami higher than the site of the plant and taken measures against it, they cannot be held liable as the actual tsunami was much higher at around 15.5 meters.

The government also argued that it obtained regulatory powers to force Tepco to take anti-flooding measures only after a legislative change following the disaster.

In Friday’s ruling, the court found the government not liable, saying that while the government indeed has such powers, not exercising them was not too unreasonable.

While ordering Tepco to pay damages, the court determined that the plant operator did not commit serious negligence that would have required a higher compensation amount, saying it did not totally leave anti-tsunami measures unaddressed.

The plaintiffs’ lawyers criticized the ruling as unfair, in that the court did not recognize the state’s liability. But they still positively rated the court’s acknowledgement of the loss of the plaintiffs’ hometown, jobs and personal relationships, and compensation for such a loss.

In March, the Maebashi District Court in Gunma Prefecture recognized negligence on the part not just of Tepco but also the government, saying they were able to foresee a tsunami high enough to inundate the plant.

It was the first such ruling issued among around 30 suits of the same kind and the first to rule in favor of plaintiffs.

The Maebashi court acknowledged that the government had regulatory authority over Tepco even before the accident, noting that “failing to exercise it is strikingly irrational and illegal.”

The court awarded to 62 of 137 plaintiffs a total of 38.55 million yen in damages, far less than the 1.5 billion yen sought in total. Many of the plaintiffs have appealed the district court decision.

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