Fukushima disaster: court ruled Government, Tepco to pay $4.4 million to residents

A court on Tuesday ordered the state and the operator of the crippled Fukushima No. 1 atomic plant to pay a total of about $4.4 million in damages for the 2011 nuclear disaster, the second ruling of its kind in a series of group lawsuits filed nationwide.

The Fukushima District Court ordered the government and Tokyo Electric Power Company Holdings Inc. to pay 500 million yen ($4.4 million) to about 2,900 of the 3,800 plaintiffs, many of whom did not evacuate and stayed at their homes in Fukushima and elsewhere in the midst of one of the world's worst nuclear crises.

In the ruling, presiding Judge Hideki Kanazawa concluded that the government and Tepco are both to blame for failing to take steps to counter the risk of a huge tsunami caused by an earthquake, as they were able to foresee the risk based on an assessment issued in 2002. “The government’s inaction in exercising its regulatory authority (to order Tepco to take safety measures) was extremely unreasonable,” Kanazawa said.

The Nuclear Regulation Authority’s secretariat said it will consult with other government offices on whether to appeal the ruling. Tepco also said it would study the ruling to consider its response. The 3,800 plaintiffs, who sued in 2015, form the largest group among about 30 similar lawsuits involving 12,000 people pending across Japan.

Among the lawsuits, three rulings have been handed down so far, and two of them — the latest by the Fukushima court and one handed down by the Maebashi District Court in March — found that both the state and Tepco are liable for damages.

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

The government and Tepco claimed the assessment was not established knowledge and that the tsunami could not have been foreseen. The government also argued that it only obtained powers to force Tepco to take anti-flooding measures after a legislative change following the disaster.

The plaintiffs in Fukushima case have called on defendants for reinstating the levels of radioactivity at their homes before the disaster, but the court rejected the request, Kyodo said.

The magnitude-9.0 earthquake and ensuing tsunami struck northeastern Japan on March 11, 2011, causing multiple meltdowns and hydrogen blasts at the nuclear power plant. Around 55,000 people remained evacuated both within and outside Fukushima Prefecture as of the end of August.