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リニア中央新幹線訴訟は原告側敗訴の公算
Linear Maglev lawsuit likely to be lost by plaintiffs


Note: This is a commentary translated from Japanese by a Japanese lawyer and not an objective report. The commentary comes in the run-up to a judgment on 19 July 2023 and may have influencing motives.

What is the Linear Central Shinkansen Lawsuit?

The Linear Central Shinkansen Lawsuit is an administrative lawsuit brought by 738 (later 782) residents of the area where the Linear Central Shinkansen is planned to run against the national government (Ministry of Land, Infrastructure, Transport and Tourism), which approved the project in 2014, with JR Tokai aiming to open the line between Tokyo Shinagawa and Nagoya in 2027. JR Tokai is also intervening in the case.

The main issues in dispute are environmental and safety issues. The main issues are environmental problems, such as noise, vibration and sunlight damage caused by the 500 km/h linear central Shinkansen, water depletion caused by tunnel excavation and disposal of excess soil, and safety problems, such as the safety of the car body and passengers due to the ultra-high speed and the difficulty of evacuation in the event of an earthquake, as most of the line runs underground.

In addition, the plaintiffs allege profitability problems. In addition, Shizuoka Prefecture has not yet given permission for construction to begin, citing problems with the reduction of the Oigawa River, the prefecture's water source, as a result of tunnel excavation.
The Tokyo District Court will deliver its verdict on 18 July.

After 26 rounds of oral arguments since the case was filed on 20 May 2016, the trial was concluded on 3 February this year and the judgment is scheduled for 18 July.

On 12 September 2022, the Tokyo District Court conducted an on-site inspection of the Yamanashi Linear Test Line as requested by the plaintiffs, and conducted an on-site inspection of the line's safety, noise, vibration, sunlight damage, and water drying. Over the past seven years, the issues have been exhausted, the trial has been completed, and we are now awaiting the verdict.

The outcome of this administrative lawsuit will determine whether the Linear Central Shinkansen Line will be built or not, and will have a significant impact on the lives of people, including users, both now and in the future. As a former lawyer, my judgement of this lawsuit is as follows.

The most important point in judging the outcome of this administrative lawsuit is the issue of the "balance of interests" between the advantages and disadvantages of the construction of the Linear Central Shinkansen Line. This point is also of crucial importance in this litigation. This is because the final outcome of any litigation, including this one, is determined by the "balance of interests".

The benefits of the construction include the convenience for users of the super-high-speed line connecting Tokyo and Osaka in just one hour, the related economic ripple effects and potential for economic growth, the development of the domestic tourism industry and the attraction of foreign tourists, and alternative functions in the event that the Tokaido Shinkansen line is disrupted by a major earthquake or tsunami, and so on. The disadvantages of constructing the line include the fact that the line will not be used in the event of a major earthquake or tsunami, etc.

Possible disadvantages of construction include the environmental problems claimed by the plaintiffs, such as noise, vibration, sun damage, water depletion due to tunnel excavation and disposal of excess soil, as well as the safety of car bodies and passengers associated with ultra-high speed running mostly underground, and the problem of evacuation in the event of an earthquake.

However, the environmental and safety problems are not insurmountable. As far as environmental problems are concerned, it is quite possible to reduce the damage through various environmental measures. As for safety issues, the Yamanashi Linear Test Line has been operating safely for many years and no accidents have occurred as a result of sufficient focus on technical safety improvements, including underground ultra-high-speed operation, earthquake evacuation measures and environmental measures. Furthermore, in Shanghai, China, linear trains have already been put into service and are operating safely.

From this point of view, it is clear that the advantages of building the Linear Central Shinkansen outweigh the disadvantages. Therefore, it is highly likely that the plaintiffs will lose this administrative lawsuit. Even if the state loses the case, the decision in the administrative lawsuit will not become final, and construction will continue until the Court of Appeal and the Supreme Court decide the case. The Tokyo District Court will not grant a 'stay of execution' of the construction due to the serious damage and significant impact on public welfare (Article 25 of the Administrative Case Litigation Act).

Even if the plaintiffs were to lose the case, the filing of this administrative lawsuit would not be meaningless. This is because the environmental and safety problems highlighted by the plaintiffs will force the Central Japan Railway Company (JR Tokai) to seriously address these problems and encourage it to take countermeasures. This is of great benefit to the public as a whole, including users.

Source: Translated from https://agora-web.jp/archives/230707001410.html Accessed 2023-07-08

Tokyo District Court Rejects Suit to Revoke Approval of Linear Maglev Line

Tokyo, July 18, 2055: In a trial in which residents opposed to the Linear Central Shinkansen project connecting Shinagawa and Nagoya demanded that the government rescind its approval, claiming that the project "may have safety and other problems and adversely affect the environment," the Tokyo District Court rejected the residents' appeal, noting that "the government's decision is not illegal, not to say that it lacks significant validity.

JR Tokai is aiming to open the Linear Central Shinkansen between Shinagawa and Nagoya in 2027, and the national government has approved the construction implementation plan.

Residents of Tokyo and six other prefectures along the line had demanded that the government rescind its approval, claiming that the approval was illegal due to safety and other problems and the possibility of adverse effects on the environment.

In a ruling on January 18, Chief Judge Yoshitaka Ichihara of the Tokyo District Court rejected all of the residents' claims, including safety and environmental concerns, pointing out that "it cannot be said that the government's decision is not illegal because it is not significantly lacking in validity in light of social common sense.

The trial initially involved more than 700 plaintiffs, but a decision on whether or not they were legally eligible to contest the case was made ahead of the others.

The judges also made a site visit in Yamanashi Prefecture during the seven-year trial.

Construction of the Linear Central Shinkansen is underway with the aim of opening in four years, but Shizuoka Prefecture has not allowed construction to begin in the prefecture, making it difficult for the line to open as planned.
One of the plaintiffs said, "I was filled with anger."
After the verdict, the lawyers for the residents held up a piece of paper in front of the Tokyo District Court stating that the verdict was "unjust," and the supporters who had gathered there voiced their dismay, saying, "I can't accept it" and "I can't believe it.

One of the plaintiffs, Midori Tono, 68, who came from her home in Oshika Village, Nagano Prefecture, to hear the verdict, said, "I originally did not have high expectations, but I was shocked to hear the judge's ruling in less than one minute. I wanted him to carefully explain the reasons for rejecting the appeal," he said.

About 100 meters from Tono's home, there is a pile of soil left over from the tunnel excavation work. "I am afraid that destroying nature will increase the risk of disasters. I am afraid that if we destroy nature, the risk of disasters will increase. I am angry at a society that goes to such lengths in pursuit of further convenience.
Residents' Representative Reveals Intention to Appeal
At a press conference following the ruling, Akio Kawamura, a representative of the residents, said, "I am angry that the court did not take into account the environmental impact and the fundamental problems of the railroad project, which we have been advocating for seven years.

We would like to fight the case in the second trial," he said, adding that he intends to appeal.

The Ministry of Land, Infrastructure, Transport, and Tourism, on the other hand, stated that it would refrain from commenting on the case because it was still pending.

Source: Translated news from NHK Japan, July 18, 2023, https://www3.nhk.or.jp/news/html/202307 ... 91000.html

JR Tokai, which joined the trial as an "intervenor" based on the government's motion, stated, "We understand that the decision was made appropriately. We will continue to move forward with the construction work steadily.

In Tuesday's ruling, the court said that the government's decision to approve the project after evaluating JR Tokai's efforts to mitigate the project's negative effects "cannot be found to be significantly lacking validity."

Source: https://www.nippon.com/en/news/yjj2023071800607/ Accessed; 2022-07-20