Introduction

What would you do if you were suddenly told that a Linear Shinkansen was going to pass under your house?

What if the construction method of digging a huge tunnel underground using a 14-meter diameter shield machine was plagued by vibrations and low-frequency noise, leading to land subsidence and, in the worst case scenario, the risk of cavities and sinkholes?

What if, unknowingly, we were exposing ourselves to these risks simply by living on a linear route?

The Linear Deep Project will not only affect the ground, but also the lives and peaceful lifestyles of the people who live on it.

Will they be able to live here safely with their children? What will happen to the elderly who call this place their final resting place? What will become of the community? The explanations given by the national government and JR Central have been insufficient, and anxiety is palpable.

In order to protect our peaceful lives, which will never return to the way they were once they are destroyed, we have filed a lawsuit seeking the cancellation of the approval granted under Article 16 of the Deep Sea Act, which is the basis for the Linear Deep Sea construction work.

The story so far

About the deep diving method

On October 17, 2018, the Minister of Land, Infrastructure, Transport and Tourism issued an authorization for the use of deep underground space for the construction of the Chuo Shinkansen between Shinagawa and Nagoya under Article 16 of the Special Measures Act on the Public Use of Deep Underground Space (hereinafter referred to as the Deep Underground Act), a special measure law of the Land Expropriation Act.

The Linear Chuo Shinkansen is planned to start in Tokyo and end in Osaka, and will run on a superconducting magnetic levitation system. 86% of the projected section between Shinagawa and Nagoya will be tunnels, of which about 50km in the urban area will pass through "great depths" of more than 40m underground.

According to the Deep Underground Act, development in deep underground areas does not require notification or compensation to landowners. This law means that risks are being imposed without consent.

▲Excerpt from JR Central's 2018 briefing materials

Insufficient explanation to residents

Residents were not notified individually of the decision to adopt the Linear Shinkansen route, and even now many are unaware of it. Residents who realized that their livelihoods along the line would be threatened protested, and on January 10, 2019, they filed a request for review with the national government under the Administrative Appeal Act. However, five years later, in May 2024, the national government has still not shown any intention of listening to the opinions of the residents.

The information session was only published in the ward newsletter, and residents were not notified individually. Also, the session was held at a large joint venue that was accessible by train, not within walking distance of each small neighborhood.

Furthermore, the Q&A session at the venue was not one-by-one, but was limited to three questions at a time, and answers were given all at once. No repeat questions could be asked, and no dialogue was possible. Members of the press were excluded from the venue, and the anxious voices of the residents at the venue did not reach either journalists or the government.

▲Ota Ward Newsletter. The third item from the top on the right column describes an information session on the use of deep underground space.

The dangers of deep linear construction

The Linear Shinkansen deep construction project poses problems in itself, as it involves digging a huge tunnel directly beneath a residential area.

For tunnel construction underground in urban areas, a "shield construction method" is generally used, in which a steel tube called a "shield machine" has a rotating cutter on the front, which cuts the soil as it digs.

Until now, the shield method has been used to excavate tunnels under roads for subways and sewer systems using shield machines with a diameter of less than 10 metres, but this time the plan is to use a huge machine with a diameter of 14 metres to excavate tunnels under houses.

In October 2020, a collapse occurred in Chofu, Tokyo, during construction of the Tokyo Outer Ring Road, which was approved under the same Deep Drilling Act and carried out using the same construction method as the current incident. As the ground subsided, the foundations of houses sank, deformed, and were damaged, causing changes in the frame structure and causing cracks to appear in the building and walls.

In addition to the damage that occurred during construction in Chofu, Tokyo, there are a number of other problems that could seriously affect the lives and property of residents, such as underground gas leaks and groundwater eruptions caused by shield construction, and the eruptions of oxygen-deficient gas caused by additives injected underground from the shield machine. However, no boring surveys have been conducted directly above the tunnel in the Kitashinagawa section up to the bottom of the tunnel, and on top of that, no decisions have been made about relief efforts or the restoration of residential areas in the event of damage.

Even in the midst of all this, tunnel excavation from Kitashinagawa continues, and as of June 2024, three breakdowns have already occurred. Construction was scheduled to begin in October 2021 and reach 300m by the end of March 2022, but as of June 2024, only 134m had been excavated. The danger of excavating underground in Tokyo's densely populated residential areas with such immature technology is immeasurable.

Naturally, tunnel construction in various locations has also been delayed, and in May 2024, construction in Gifu Prefecture was halted after damage to wells and water supplies came to light.

Not only have there been any problems in the Kitashinagawa section, but the construction work has been delayed due to a series of accidents occurring all over the country. If things continue like this, we will continue to live in uncertainty, not knowing how many years it will take to complete the work. That is why we have filed a lawsuit, seeking a fair hearing.

Issues at issue

There are three key points in this trial:

1. Does the Linear Deep Construction Project meet the approval requirements of the Deep Construction Act?

2. Is the Deep Sea Act itself unconstitutional?

3. Does the application of the Deep Sea Act to the Linear Deep Sea Construction Project violate the Constitution? (Unconstitutional application)

1. Failure to meet the approval requirements of the Deep Sea Act

In order to be approved for deep-depth use, all items of Article 16 of the Act must be met.

⑴ No. 1: "The business is as set forth in each item of Article 4"

Although the Linear Chuo Shinkansen itself is approved under the Nationwide Shinkansen Railway Development Act (NLS Act), which does not list the project as a target project, it has been approved under the Deep Underground Act by using the deemed provisions, and therefore does not meet item 1.

⑵ No. 3: "There is a public interest need to use deep underground spaces in order to smoothly carry out the project."

a) If there is a long period of time between the time of approval for use and the time when use begins, there is no "public interest necessity."

Authorization for the Linear Shinkansen's deep-depth use was granted on October 17, 2018. At the time of application for approval, it was expected to begin operation in fiscal year 2019. However, construction did not actually begin until October 14, 2021. Not only was the start of construction delayed, but almost no progress has been made since it began.

At the time of applying for permission to use it must have been clear that it would take a long time, so there is no need for it in the public interest.

The purpose of the deep-depth construction approved is to open the Linear Shinkansen, but there is no public interest need for the Linear Shinkansen itself.

It is said to be a backup for the large-scale renovation work on the Tokaido Shinkansen, but there are other methods that are less damaging to human rights and the environment. It is also said to be a duplicate system with the Tokaido Shinkansen as a fundamental preparation for major disasters, but in the event of a disaster that disables the Tokaido Shinkansen, the Linear Shinkansen will naturally be damaged and unable to operate. Furthermore, it is said to have a high economic impact on the areas along the line, but rather, people will concentrate in the city and people and goods will flow out from other areas. There are also many other issues with safety, etc.

3) No. 4: "The business operator has sufficient will and ability to carry out the business in question."

JR Central's original construction plan called for completion in 2027, but has now explicitly revised it to a later date. The construction budget has also continued to grow, and although it was originally intended to be self-funded, the project is now dependent on government funding.

Thus, this project was started under overly optimistic expectations, and one must say that there was neither the will nor the ability to carry it out from the time of application.

Therefore, the Linear's deep underground construction does not meet the requirements of Article 16, and even if it did, granting approval for its deep construction would be an abuse of discretionary power.

2. The Deep Sea Act violates the Constitution (unconstitutional law)

(1) Violation of Article 29, Paragraph 2 of the Constitution: "The content of property rights shall be determined by law in accordance with the public welfare."

The Deep Sea Act presupposes that the ownership rights of the landowner extend underground, and allows the landowner to use a part of the land semi-permanently, without the consent of the landowner, in the form of "approval." This goes against the principle of one property, one right.

The legislative purpose of the Deep Underground Excavation Act is, simply put, to allow underground digging with simplified procedures. If that is the case, there is no justification for a method in which underground digging is done without the consent of or compensation to the owner, and the digging is used semi-permanently.

Therefore, the provisions of the Deep Sea Act are unconstitutional and invalid as they are not in accordance with the public welfare and infringe on property rights.

(2) Violation of the right to a peaceful life

The right to a peaceful life is a mental personality right that is directly linked to physical rights.

Just as the collapse occurred during construction of the Outer Ring Road, collapse accidents have occurred due to tunnel construction in various places.

If sinkholes or cavities occur in residential areas, it can lead to the collapse of houses and pose concrete danger to life and body, fundamentally upending daily life.

Therefore, although the purpose of the Deep Sea Act is as stated above, the Deep Sea Act severely restricts the personal right to a peaceful life, and therefore infringes on the right to a peaceful life and is unconstitutional and invalid.

3. The application of the Deep Sea Act to the Linear Deep Sea Construction Project is unconstitutional (unconstitutional application)

(1) Application of the deemed provision to Article 16, paragraph 1 of the Deep Sea Act

As mentioned above, applying the deemed provisions of the Trunk Linear Act to Article 16, paragraph 1 of the Deep Water Pipe Act as if it met the requirements of Article 16, paragraph 1, would amount to a doubly relaxed system, at least with regard to the Linear Deep Water Pipe construction project, in both the Trunk Linear Act and the Deep Water Pipe Act, and such application of the law would be unconstitutional.

(2) Zoning

Zoning is determined in urban planning, which determines what kind of area a piece of land will be, and whether there are strict regulations in place to protect the living environment, for example.

However, the Deep Sea Act allows approvals to be made without any consideration of such zoning regulations.

The plaintiffs live in a Type 1 low-rise residential area, a land where the living environment should be highly protected.

Nevertheless, since approval has been granted, it is unconstitutional and invalid insofar as it applies to the Linear Shinkansen's deep construction work.

Plaintiff’s thoughts

Plaintiff 1: Akari Yamauchi, Baby, and grandmother Yukiko Hoshina

Plaintiff 2: Sachiko Kodota

▲ Linear shaft in Higashiyukigaya, Ota Ward, Tokyo: diameter 40m, depth 90m

Social significance

Raising questions about the state of society

Times have changed. Or rather, they must change.

It is now clear that there is no future in continuing to unconditionally admire things that are fast and big.

That's not to say that convenience is a bad thing.

However, we must calmly consider how much sacrifice this would require for the Earth and for some people, and make an objective decision as to whether or not we should accept it.

If we neglect this task, we are reaching a serious point where we will lose sight of our future.

The Linear Shinkansen is truly a relic of the past that can only exist with old values.

Allowing its construction would be tantamount to going against the flow of the times, abandoning sustainability, and accepting the continuation of a society that will continue to demand big, fast things without any effort.

Through this lawsuit, we hope to have a serious discussion about the future shape of society.

To let people know the current status of the Linear Deep Construction Project

Despite the risks involved in constructing the linear tunnel, approval was given without sufficient discussion.

In addition, the environmental destruction caused by the Linear Shinkansen lawsuit is being viewed as a problem throughout the area, and this lawsuit will have a major impact on administrative and civil lawsuits in various areas along the line.

There has already been a lawsuit over the Tokyo Outer Ring Road, and if the approval of the Linear Shinkansen is left unchecked, the residents will have practically given it their approval. And similar dangerous construction projects will increase one after another in urban areas. There is also a movement in Kyoto to build a Hokuriku Shinkansen tunnel using the Deep Underground Act, and there is also an opposition movement.

For the reasons above, we believe it is meaningful for everyone to know the current status of the Linear Deep Tunneling Construction Project.

Use of funds

• print fee
• Attorney fees (4 people)
• Fee for written opinion
• Witness travel expenses
• Publicizing the lawsuit and carrying out public relations activities (newsletters, flyers, meeting costs, etc.)

Message from the lawyer

I had been interested in the Linear Shinkansen issue for some time, and was consulted by the plaintiffs.

Because the Linear Shinkansen will mostly run through tunnels in the mountains, it is difficult to detect any infringements of rights, but the plaintiffs in this lawsuit are people whose important human rights, including the right to a peaceful life, will be affected.

In addition, approval for construction work under the Deep Sea Act is granted only when it is necessary for the public interest.

The public interest of the Linear Shinkansen will be the main issue, and the trial will question the shape of society in the new era. Please keep an eye on it.

Four lawyers listen to the voices of residents in a residential area where a tunnel runs directly underneath their homes (May 2023)

Introducing the Lawyers

Akihiro Shima, Tokyo Bar Association, Arrights Law Office

Haruka Adachi has been working on issues related to the Linear Shinkansen since she was registered as an attorney at the Tokyo Bar Association and the Arrights Law Firm.

Nobuko Terada, Second Tokyo Bar Association/Arrights Law Office In order to protect the lifestyles and property guaranteed by the Constitution, we must clarify the problems with the Deep Underground Act and the linear train construction project in court.

Ayako Doato (Doato Ayako) Second Tokyo Bar Association/Kagurazaka Keystone Law Office I focus on real estate issues.

in conclusion

Your support is greatly appreciated.

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The latest status is updated on the "Lawsuit to revoke the approval for use of the Linear Deep Underground Project" website. Please take a look.