Subject: Fw: Ａｓｉａ Ｊｏｕｒｎａｌ ｖｏｌ１
From: "JELF" <[email-masked]>
To: <[email-masked]>
Date: Mon, 28 Jul 2008 11:32:30 +0900

AJ

Asia Pacific Environment and Justice Journal [vol.1] 2008.7
  JELF (Japan Environmental Lawyers Federation)

http://www.jelf-justice.org/english/index.html
This magazine is sending for environmental lawyers and NGOs in Asia Pacific 
Region.

This journal will offer information  on environmental issue in Asia Pacific 
region: anecdotal reports of environmental disruption; reports on judicial 
trials and court decisions; overviews of academic researches and so on.

Through this e-mail newsletter, environmental lawyers and NGOs can exchange 
information and set up an international coalition against environmental 
problems.

We would greatly appreciate your sending an article for this journal. Also 
please introduce  someone who wants to receive our journal.

CONTENTS
  The environmental report 1:
  OrganizatDugong vs. Gates
  The environmental report 2:
  Serious Health Hazard of Asbestos in Sennan Area
  The environmental report 3:
  The Second Eigenji Dam CaseWhat's JELF?
JELF (Japan Environmental Lawyers Federation) is the only nonprofit, 
nongovernmental laywers' organization for the environment in Japan. We have 
been making gradual but steady progress by taking legal action and lobbying 
for wildlife preservation and prevention of toxic contamination. We can say 
that our member lawyers are involved in almost all the environmental issues 
in Japan.

OFFICE
2nd, Yamato Seimei Nagoya bldg.
15-19 Tsubaki-cho,
Nakamura-ku, Nagoya-city
JAPAN, 453-0015

OSAKA OFFICE
3rd, Chikuma Bldg.
3-3-10 Awaji-machi , Chuoku ,
Osaka-city
JAPAN , 541-0047

E-mail :
[email-masked]

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The environmental report 1:
Dugong vs. Gates

On January 24, 2008 the United States District Court in San Francisco issued 
a decision in the case of Dugong vs.. Gates, handing a major victory to the 
Okinawa dugong and to the people of Okinawa.  In an order that grants the 
plaintiffs’ motion for summary judgment and denies the Department of 
Defense’s cross motion for summary judgment, the Judge holds that the NHPA 
applies fully to DOD’s actions, finds that DOD is in violation of its 
obligations under the statute, and orders DOD to submit to the court 
documentation describing how it plans to go about complying with the “take 
into account” requirement.  The Judge has also given the plaintiffs the 
opportunity to respond to DOD’s submission, so there is an ongoing roll for 
JELF and the plaintiffs in Okinawa in the assessment process.

http://www.jelf-justice.org/english/essays/contents/documents/vol.1article1.pdf

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The environmental report 2:
Serious Health Hazard of Asbestos in Sennann Area

The Asbestos Hazard in Japan

   Asbestos has been used since the end of 19th century in Japan. As Japan’s 
industrial manufacturing ran behind western countries, the control of 
asbestos was delayed and that caused the concerned asbestos victims to 
increase in Japan.

     In June 29, 2005, Kubota, which is one of the biggest manufacturing 
companies in Japan, announced the occurrence of many occupational victims of 
asbestos, as well as the victims of asbestos dust from environmental 
exposure around the Kanzaki plant. That was what we call “Kubota Shock”.

http://www.jelf-justice.org/english/essays/contents/documents/vol.1article2.pdf

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The environmental report 3:
An epoch-making decision issued by Osaka High Court in Second Eigenji Dam 
Case

The New National Plan of Land Improvement in Echi River Area in Shiga 
Prefecture (as “Plan”), whose main project was the construction of Second 
Eigenji Dam (as “SED”), was adopted as a public work plan by the Minister 
of Agriculture, Forestry and Fisheries of Japan (as “Minister”) on the 
24th of January, 1994. The SED was planned to be newly constructed upstream 
from the existent Eigenji Dam for the purpose of securing water for 
agricultural use in the basin of Echi River. However, the SED was supposed 
to destroy the environment of the surrounding area and not to compensate its 
costs with its benefits. For those reasons and others, people living in the 
related area objected to the Plan adoption. The Minister dismissed their 
objections on the 14th of July, 1994. Accordingly, they sued the Minister, 
claiming that the Minister’s dismissal must be vacated. Otsu District Court 
decided to dismiss the people’s suit on the 28th of October, 2002. To the 
contrary, Osaka High Court admitted the people’s contention and decided to 
vacate the Minister’s dismissal on the 8th of December, 2005. This decision 
of Osaka High Court is epoch-making one for the following reason. In Japan 
it is extremely difficult for a citizen to win in a lawsuit against an 
administrative agency especially in environmental cases, because an agency’s 
discretion is largely admitted. Notwithstanding, Osaka High Court held, for 
the first time in the history of Japanese environmental cases, that costs of 
the Plan would exceed its benefits and therefore the Minister’s acts were 
not within its discretion.

http://www.jelf-justice.org/english/essays/contents/documents/vol.1article3.pdf

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