MLIT annuls OPG revocation of land reclamation permit, OPG prepares to legally counter

MLIT annuls OPG revocation of land reclamation permit, OPG prepares to legally counter

Land reclamation progress in Henoko, Nago City as of 11:47 a.m. on March 13 (Photograph taken via small drone)


On April 5, the Minister of Land, Infrastructure, Transport and Tourism Keiichi Ishii accepted the Ministry of Defense (MOD) Okinawa Defense Bureau’s (ODB’s) formal objection to the Okinawa Prefectural Government’s (OPG’s) revocation of the land reclamation permit for construction of the Futenma Replacement Facility (FRF) in Henoko, Nago City.

Ishii announced that the Ministry of Land, Infrastructure, Transport and Tourism (MLIT) has decided to annul the OPG revocation as illegal.
The ODB is expected to put the land reclamation permit back in effect upon receiving notice of the annulment. In response, the OPG is considering legal countermeasures to restore the efficacy of its permit revocation, including requesting that the Committee for Settling National-Local Disputes review the MLIT decision again.

Minister Ishii said, “We decided there was no reason for the revocation.”

Concerning the MLIT’s decision, Governor Denny Tamaki made the comment, “There is absolutely no reason for annulling [the revocation of the land reclamation permit].

The Okinawan people are unshaken, and will respond with strong resolve.” He also criticized the MLIT’s decision about the ODB’s formal objection, saying, “It is as though a team’s player is also the referee.

[The Japanese government] is putting on an act around reaching its own prearranged conclusion.”

One reason the OPG cited for revocation of the permit is the existence of soft ground on the Oura Bay side of the construction area. However, the MLIT has submitted documents to and requested an expert opinion on this matter from Professor Emeritus Osamu Kusakabe of Tokyo Institute of Technology (and president of the International Press-in Association) who specializes in geotechnology.

Land reclamation progress in Henoko, Nago City as of 11:47 a.m. on March 13 (Photograph taken via small drone)[/caption]Professor Kusakabe’s opinion to the MLIT stated: (1) the [ground] improvement method selected is appropriate and its execution is feasible, (2) it is feasible that the seawalls at the land reclamation site will ensure necessary stability, as is the work planned on the land reclamation site, (3) the brief analysis on changes to environmental impact that will come with conducting ground improvement is adequate.

Since all of its claims were accepted, the ODB, which requested the review, did not lodge inquiries with the Administrative Complaint Review Board.

The MLIT’s stay of execution, which temporarily removed the effects of the OPG’s revocation, is no longer in force due to the decision. Also, the lawsuit brought against the OPG on March 22 challenging former governor Nakaima’s approval of the land reclamation permit, has consequently been nullified.

In order to counter the MLIT’s decision, the OPG has two options: (1) request a decision from the Committee for Settling National-Local Disputes, or (2) file a lawsuit based on the Administrative Case Litigation Act, challenging the decision through one of two methods.

Method (1) would be for the prefectural governor to potentially file a lawsuit in his name within 30 days. As for method (2), a lawsuit would need to be filed within 6 months based on the Administrative Litigation Act, and a Prefectural Assembly vote would be necessary.

The OPG plans to get a written resolution from the Prefectural Assembly, and then discuss how to handle the case with a team of lawyers.

(English translation by T&CT and Erin Jones)

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