Subject: [cwj 134] Japanese Govt. Ordered To Pay In Suit Over Highway Pollution
From: Corporate Watch in Japanese <cwj@corpwatch.org>
Date: Wed, 29 Nov 2000 17:22:42 -0800
Seq: 134
JAPANESE GOVERNMENT ORDERED TO PAY IN SUIT OVER HIGHWAY POLLUTION By Uli Schmetzer Chicago Tribune Foreign Correspondent November 29, 2000 TOKYO -- In a ruling that sent jitters through Japan's bureaucracy, a court has ordered the government to compensate residents who suffered health problems caused by vehicle emissions from a nearby highway. The ruling by the Nagoya district court in central Japan was expected to open the floodgates to similar lawsuits in the world's most densely populated nation, where a spider web of highways runs through heavily populated areas. During the trial, government lawyers argued that vehicle pollution in Nagoya was not a serious issue. They suggested that smoking or allergies could have caused the plaintiffs' respiratory illnesses. Lawyers for the residents, however, provided medical evidence that the number of chronic bronchial, asthma and emphysema cases had dramatically increased since the highway was constructed. The court acknowledged that industrial plant emissions and exhaust fumes from motor vehicles are related to respiratory diseases. It ruled that the government and its agencies must keep air pollution at acceptable levels for residents who live near highways. The verdict was the second time this year a judge has ruled in favor of residents suing the government for failing to curb pollution. But it was the first time a court has ruled that highway pollution is a hazard for nearby residents. A third pollution case is pending in Tokyo. In the Nagoya case, three plaintiffs fought 10 years to win the lawsuit against National Highway No. 23, a main road that carries the bulk of traffic through central Japan. The court awarded the three a total of $161,000 in compensation. A fourth plaintiff died during the long litigation process. The four were part of a wider complaint that included 110 other local residents who demanded $40 million in compensation for what they said were toxic emissions from other industrial concerns. The court ordered 10 companies in Nagoya to pay $2.6 million to the 110 for high levels of sulfur dioxide emissions. Even though the figure was lower than what the plaintiffs sought, environmentalists saw it as a symbolic victory in their battle to make the government accountable for excessive pollution. In a ruling that made headlines in a nation known for deference to central and local governments, Judge Akinori Kitazawa said the state had failed to protect the health of its residents. "Damage from toxic substances emitted from vehicles on National Highway No. 23 to the plaintiffs' lives is irrecoverable. The central government has failed to take appropriate measures to curb the emissions," the judge said in his ruling. Stunned by the ruling, Masahiko Okano, head of the Construction Ministry's regional bureau, said he would have to consult with other departments on its significance. The government is expected to appeal to a higher court. However, the 10 industrial companies have indicated they are willing to pay. Yasuhisa Tamegai, the resident who spearheaded the case, said his first job is to "report to the families of those who have died since we started" the suit. Independent lawyers said the case is significant because it recognizes the relationship between toxic vehicle and industrial emissions and personal health. FAIR USE NOTICE. This document contains copyrighted material whose use has not been specifically authorized by the copyright owner. Corporate Watch in Japanese is making this article available in our efforts to advance understanding of ecological sustainability, human rights, economic democracy and social justice issues. We believe that this constitutes a 'fair use' of the copyrighted material as provided for in section 107 of the US Copyright Law. If you wish to use this copyrighted material for purposes of your own that go beyond 'fair use', you must obtain permission from the copyright owner. ------------------------------------- Corporate Watch in Japanese Transnational Resource and Action Center (TRAC) P.O. Box 29344 San Francisco, CA 94129 USA Tel: 1-415-561-6472 Fax: 1-415-561-6493 Email: cwj@corpwatch.org URL: http://www.corpwatch-jp.org ------------------------------------- ______________________ The Corporate Watch in Japanese http://www.corpwatch.org/japan (CWJ) mailing list is a moderated email list in English designed to connect activists campaigning against Japanese corporations and investments around the world. * To unsubscribe from the CWJ mailing list, send an email to majordomo@jca.apc.org with text "unsubscribe cwj". To subscribe to the CWJ mailing list, send a message to majordomo@jca.apc.org with the text "subscribe cwj" * The CWJ mailing list is NOT intended for wide distribution. If you would like to post messages from this list somewhere else, we ask that you first contact us at cwj@corpwatch.org ______________________