U.S. Sailors Sue Japan Over Fukushima
U.S. Sailors Sue Japan Over Fukushima
http://www.courthousenews.com/2012/12/26/53414.htm
Wednesday, December 26, 2012Last Update: 10:01 AM PT
By ELIZABETH WARMERDAM
SAN DIEGO (CN) - The Fukushima nuclear disaster exposed Navy rescue workers to dangerous levels of radiation, which the government-owned power plant covered up, eight U.S. sailors claim in court. Eight crew members of the U.S.S. Ronald Reagan, whose home port is San Diego, sued the Tokyo Electric Power Co. in Federal Court. They claim the utility company, "a wholly owned public benefit subsidiary of the government of Japan," misrepresented radiation levels to lull the U.S. Navy "into a false sense of security."
Lead plaintiff Lindsay R. Cooper claims Tokyo Electric (TEPCO) intentionally concealed the dangerous levels of radiation in the environment from U.S. Navy rescue crews working off the coast of Japan after the March 10, 2011 earthquake and tsunami set off the nuclear disaster. "TEPCO pursued a policy to cause rescuers, including the plaintiffs, to rush into an unsafe area which was too close to the FNPP [Fukushima Nuclear Power Plant] that had been damaged. Relying upon the misrepresentations regarding health and safety made by TEPCO ... the U.S. Navy was lulled into a false sense of security," the complaint states.
The complaint states: "Defendant TEPCO and the government of Japan, conspired and acted in concert, among other things, to create an illusory impression that the extent of the radiation that had leaked from the site of the FNPP was at levels that would not pose a threat to the plaintiffs, in order to promote its interests and those of the government of Japan, knowing that the information it disseminated was defective, incomplete and untrue, while omitting to disclose the extraordinary risks posed to the plaintiffs who were carrying out their assigned duties aboard the U.S.S. Ronald Reagan."
The plaintiffs are Lindsay Cooper, James Sutton, Kim Gieseking and her daughter, Charles Yarris, Robert Miller, Christopher Bittner, Eric Membrila and Judy Goodwin. They are seeking $10 million in compensatory damages and $30 million in punitive damages for fraud, negligence, strict liability, failure to warn, public and private nuisance, and defective design. They also want TEPCO ordered to establish a fund of $100 million to pay for their medical expenses.
They are represented by Paul Garner.


Fukushima nuclear risks underestimated
Japan overemphasized optimistic views of radiation risks
http://www.cbc.ca/news/world/story/2012/11/26/wrd-japan-nuclear-health-f...
UN says Fukushima nuclear risks underestimated in Japan
Rights investigator says Japan overemphasized optimistic views of radiation risks
The Associated Press Posted: Nov 26, 2012 6:43 AM ET Last Updated: Nov 26, 2012 11:03 AM ET
Chornobyl not good example
"The scope of the survey is unfortunately narrow as they draw on the limited lessons from the Chornobyl accident and ignore epidemiological studies that point to cancer as well as other diseases in low-dosage radiation," Grover said.
He said the government's use of a radiation threshold of 20 millisieverts per year — an annual cap set for nuclear industry workers that is more than 10 times the three-year limit for ordinary citizens — in determining off-limits areas around the plant conveys a misleading message that doses up to that level are safe.
Another FRIVOLOUS lawsuit
The 1976 Foreign Sovereign Immunities Act FORBIDS US citizens from suing foreign governments.
http://en.wikipedia.org/wiki/Foreign_Sovereign_Immunities_Act
The Act codified what the US Supreme Court had already upheld in Schooner Exchange v. McFaddon in 1812, that private US citizens could not sue foreign governments in US Courts.
The Act contains exemptions for such crimes as state-sponsored assassination. However, these sailors are suing for a tort; they are suing for negligence, which is certainly not exempted from the Act.
The sleazy lawyer is probably collecting his fees up front.
TEPCO (corporation) v Japan Inc
It is often difficult to spot just exactly where a Japanese Corporation leaves off and Japan Inc. begins.
It can be equally challenging to distinguish the USA national government interest from the actions of GE, GM, Goldman Sachs and others.
Still, it is nominally the Tokyo Electric Power CORPORATION, and TEPCO certainly was a free-standing corporate entity during March/April 2011.
We shall see.
We will see...
Still, it is nominally the Tokyo Electric Power CORPORATION, and TEPCO certainly was a free-standing corporate entity during March/April 2011.
The problem is what TEPCO eventually becomes.
If you are a US citizen, and you want to sue TEPCO, but TEPCO has become a wholly-owned subsidiary of the Japanese government; then when you sue TEPCO, you are suing the government of a foreign sovereign nation.
That the US citizen is forbidden from doing.
Additionally, US military personnel have limited rights at suing because the military is supposed to go in harm's way. The President may order a US Navy ship into a dangerous storm in order to save the occupants of a foundering commercial vessel. The sailors can't sue the President or the US Government for putting them at risk. They are expected to go into harm's way.
Sovereignty
At the time of filing, TEPCO appears to be a corporate entity.
It is not altogether certain that USA federal courts would have jurisdiction & venue.
Japan, as a SOVEREIGN nation, can do as they please, even to the abrogation of treaties.
There may be some intent to merely gather information from USA & Japan.
The Sailors could also be establishing their qualification for USN 'service related disability', due to excessive radioactive exposure.
Lots of possibilities.
??? March 11, 2011 ---> March 16 2011 ???
The MOST interesting and dangerous radiologic release events occured between ~ March 11 and ~ March 16. Thus, the release of civilian gathered data, beginning March 17, is hardly coincidental. Still it is a (belated) beginning. Will the data release be accurate and complete or partial and diddled? Time will tell.
Time will tell.
http://www.nuc.berkeley.edu/forum/218/525-usa-aerial-measurement-flight-...
http://english.kyodonews.jp/news/2012/12/202165.html
16:20 31 December, By Masakatsu Ota, TOKYO, Dec. 31, Kyodo
DOE, National Nuclear Security Administration (NNSA), Consequence Management Response Team (CMRT) ... Enter Stage Left ... BEGIN
The CMRT, consisting of 33 scientists and engineers, arrived at Yokota Air Force Base in Japan on March 16 from Nellis Air Force Base in Las Vegas and initiated test flights within 12 hours of arriving, according to a NNSA senior official. The CMRT conducted the first round of AMS operations from March 17 to 19, using two U.S. military aircraft.
http://www.emforum.org/vforum/DOE/RadResponse.pdf
http://www.emforum.org/pub/eiip/lm111026.mp3
http://www.emforum.org/pub/eiip/lm111026.wmv
EM Forum Presentation — October 26, 2011
This is what the US DOE asserts …
Maybe … and maybe not … it is a place to BEGIN!
Odd, that it has not to the best of my recollection, been referred to previously, on this blog.