In the latest case, judicial authorities virtually slammed the door shut for litigious claims. The Okinawa prefectural government should seriously take this to heart. It should not persist in fighting a court battle.
The Naha District Court has rejected the assertion of the prefectural government in a lawsuit filed over the relocation of functions at the U.S. Marine Corps' Futenma Air Station to the Henoko area of Nago in the prefecture. The decision came after the prefectural government had demanded that landfill work be suspended, arguing the central government was advancing the work without obtaining necessary permission.
The ruling concluded that the prefectural government's assertion "cannot be the subject of a trial in a court of justice." This is in line with a precedent set by the Supreme Court regarding previous administrative lawsuits, stating that litigation employed by the central and local governments to demand the fulfillment of administrative obligations is not subject to a trial. The latest ruling is reasonable.
The district court also rejected an application filed by the prefectural government to seek a provisional injunction to suspend the work.
In response to the latest decision, Defense Minister Itsunori Onodera said, "We'd like to proceed with the relocation work while paying due consideration to the living environment of local residents."
The central government continued with the work even after permission for rock reef smashing work, based on fisheries coordination rules set by the prefectural government, expired in March last year. "[It is] not necessary to obtain permission [for the continued work]," the central government said, noting the fact that a local fishery cooperative had renounced its fishing rights.
In oral proceedings, the prefectural government insisted that the central government "has arbitrarily twisted" laws and ordinances. However, the assertion was rejected.
Dangers must be addressed
"We think we should appeal to a higher court," Okinawa Gov. Takeshi Onaga said. He will soon make a final decision about the matter. Further futile antagonism between the central and prefectural governments should be avoided.
The latest lawsuit was the fifth of its kind to be fought between the central and prefectural governments in connection with the transfer to Henoko.
In March 2016, the central and prefectural governments reached a court-mediated settlement in a suit filed by the central government to demand the substitute execution of reclamation work approval. They confirmed that they would "cooperate and sincerely deal with" the matter in accordance with the final decisions to be given in future lawsuits.
In December that year, the Supreme Court concluded that Onaga's revocation of the reclamation work approval was "illegal." The latest lawsuit was contrary to the gist of the court-mediated settlement and the top court's ruling.
It seems that Onaga is aiming to arouse greater objections to the relocation project by hyping his confrontational stance toward the central government, with this autumn's gubernatorial election in mind.
In February's Nago mayoral election, a first-time candidate backed by the Liberal Democratic Party, Komeito and others defeated the incumbent supported by Onaga. The popular will of residents in the prefecture cannot be described as unanimous in opposing the relocation.
The Henoko transfer is the sole realistic option for eliminating the dangers involved in the operation of Futenma Air Station and also maintaining the deterrent power of the U.S. military. In December, a window frame fell off a U.S. military helicopter onto the grounds of an elementary school near the Futenma facility. There have also been a sequence of accidents involving emergency landings by military aircraft, and this situation cannot be left unaddressed.
There have been some delays in carrying out a plan to realize the relocation "in fiscal 2022 or later," as a result of a temporary interruption in the work due to past lawsuits. It is necessary for the central government to make steady progress in realizing the plan while carefully emphasizing the importance of the transfer and gaining the understanding of the local residents.
(From The Yomiuri Shimbun, March 14, 2018)
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