Citizen group files lawsuit against Japan, arguing ruling that overturned land reclamation permission revocation “illegal”

Citizen group files lawsuit against Japan, arguing ruling that overturned land reclamation permission revocation “illegal”


April 20, 2019 Ryukyu Shimpo

A part of the ongoing dispute over new U.S. military base construction in the Henoko neighborhood of Nago, Okinawa, a group of 16 anti-base residents who live in the area where land reclamation work is ongoing just off the coast of Henoko have filed a lawsuit against the Japanese government in the Naha District Court, demanding a ruling by the Minister of Land, Infrastructure, and Transportation that overturned Okinawa’s revocation of the permission to reclaim land, which the citizens group argue is illegal, be itself overturned.

In January, the plaintiffs also filed a suit to undo an executive order issued by the Minister of Land, Infrastructure, and Transportation that nullified the revocation of permission.

On April 5, the Minister of Land, Infrastructure, and Transportation accepted a request for an administrative review by the Okinawa Defense Bureau (ODB), who disagreed with the revocation, and the Minister decided that the revocation was not legal, and ruled in favor of nullifying it. Unlike the previous lawsuit, which questioned the executive order, the suit this time aims to overturn the ruling that preceded it.

The lawsuit in January held their first oral arguments previously, with the second round of arguments set to take place May 23. According to representatives in the suit, they have requested that the court hears the first round of arguments in the new lawsuit be heard at the same time.

In the legal brief, under the Administrative Appeal Act, which was passed to protect the rights and interests of citizens, inherently excludes the ODB, which is a body of the central government, and prohibits them from making use of the law.

It also argues that the Minister of Land, Infrastructure, and Transportation who handed down the ruling, is part of the cabinet that holds a policy that the Henoko relocation is the “only solution,” meaning the Minister is incapable of acting as a neutral third-party arbiter.

(English translation by T&CT and Sam Grieb)

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