Liberal Japan

Tokyo air pollution victims lawsuit …

There are four new articles here. The lawsuit filed 11 years ago by plaintiffs suffering asthma as a result of car exhaust has been settled. The most important thing to note for now is that the car companies paid as a matter of goodwill and were not found liable.

Recent News:

• 2007/07/04 Time drove asthma deal, The Yomiuri Shimbun; “A settlement has been reached in a lawsuit filed 11 years ago by asthma sufferers in Tokyo claiming their condition was caused by air pollution resulting from car exhaust fumes, as the plaintiffs moved to seek a swift resolution, while defendants–including the central and Tokyo metropolitan governments and automakers–each agreed to provide relief measures under a court-mediated deal.” [This is a background piece.]
• 2007/07/03 Carmakers settle Tokyo pollution suit, The Yomiuri Shimbun; “Plaintiffs in a lawsuit seeking compensation from the central and Tokyo metropolitan governments and automakers for their suffering from asthma caused by air pollution resulting from car exhaust fumes in Tokyo announced Monday they had accepted a recent settlement mediated by the Tokyo High Court. As other defendants had already accepted the settlement, all involved in the lawsuit have agreed to the settlement presented by the high court. … The high court’s settlement plan proposed that a system of subsidies for the patients’ medical care will be created; more measures to fight air pollution will be implemented; and the seven automakers will pay a cash settlement of 1.2 billion yen. Concerning the subsidies for medical care, the central government initially refused to contribute money. However, Abe made a political decision to provide 6 billion yen for the establishment of the subsidy system. The plaintiffs and the automakers had been in dispute until the last stage. But the plaintiffs finally decided to accept the settlement because the subsidies and antipollution measures can benefit patients other than the plaintiffs. The automakers decided to accept the settlement to end the legal battle as soon as possible, partly because the settlement plan was not based on the premise that the automakers could be held legally responsible. Other defendants–the central government, the metropolitan government and Metropolitan Expressway Co. — had already announced acceptance of the settlement.”
• 2007/07/03 11-year pollution fight nears end, The Asahi Shimbun; “An 11-year court battle over air pollution caused by cars in Tokyo neared a settlement after residents and automakers Monday expressed their intention to accept a proposal by the Tokyo High Court. In the main part of the proposal, seven major carmakers will provide a total of 1.2 billion yen to more than 600 plaintiffs suffering lung diseases caused by auto exhaust. The plaintiffs have already agreed to settle with the other defendants in the lawsuit.”
• 2007/07/01 Tokyo pollution victims accept brokered deal, Kyodo News via The Japan Times; “Hundreds of asthma patients involved in a damages suit over air pollution decided Saturday to accept a court-brokered settlement that requires diesel vehicle makers to pay them 1.2 billion yen, leaders of the plaintiffs said. The decision comes as the plaintiffs are preparing to settle their damages suit against the central government and a government-run toll road operator, among others, over Tokyo air pollution caused by emissions from diesel-powered vehicles.”

Previous comments:

2007/06/27 — I have updated this entry by adding three new articles. There isn’t a lot of news. As I read it the car companies have still not officially accepted settlement, though now that the plaintiffs have said they will accept the sum suggested by the High Court, I think the car companies will follow through soon. Asahi had an interesting editorial saying it’s important that even if the car companies are not liable legally that they pay money to show social responsibility. This throws me for a loop. Clearly, the plaintiffs were victimized and need help. It’s certainly a good thing for the car companies to help them. However, I’m not clear on two points. First, is the government in essence forcing these companies to pay the money? Second, should the government force car companies to pay money for issues like this? I mean, what law did they break? Ultimately given that car companies are already highly regulated, I think there is probably a good argument for corporatism of some type here. However, I’m not sure if I can make that argument stick or not. When I have more time, I hope to comment more on this.

2007/06/24 — In 1999 plaintiffs in this case sued the central government, the Tokyo metropolitan government, the Metropolitan Express way, and all seven major automobile makers in Japan. They claimed that these entities were responsible for their asthma. In 2002, a district court judge found the governmental agencies involved all shared partial liability. However, the same judge found the automobile manufactures shared no liability in this case. The case was appealed by the plaintiffs and the central government both of whom were unhappy with the results.

Last September the proceedings for the appeal wrapped up. The judge, as far as I know, did not issue a ruling. Instead, he urged all parties to settle. The central government recently settled while making it clear they didn’t accept any liability in this case. Now the automobile manufacturers are working towards a settlement. The judge has taken on the role of mediator and actually suggested a sum that the automobile companies should pay.

I don’t really want to pass judgement here without examining the case more completely, but there are many things that concern me. First and foremost, are judges setting policy here? Shouldn’t policy be made by the legislature passing laws? Also, is it really the judge’s job to mediate here? Shouldn’t it be the judges job just to judge? In the role of mediator, does the judge actually have the ability punish those who won’t settle as he has instructed them? Can he step in and give the automobile makers a harsh ruling for not settling?

2007/06/23 — My instant reaction to this was that it’s fairly absurd to be suing car companies over car exhaust. However, digging into this issue I found it really complex. Now a simple comment won’t do! I’ve assembled some previous articles on this below. This is an issue worth exploring, so please check out some of the older articles. I hope to add more and comment more on this in the future. Wish I could say more, but can’t at this point. :-/

Previous News:

• 2007/06/27 Plaintiffs moving to settle pollution suit, The Asahi Shimbun; Asthma sufferers are leaning toward accepting a court’s proposal that automakers pay a combined 1.2 billion yen, signaling a possible end to an 11-year court battle over air pollution in Tokyo. Lawyers for the plaintiffs came out in favor of the Tokyo High Court’s proposal last Friday in a statement they sent to all plaintiffs Monday, although the settlement was less than half the amount the plaintiffs had been demanding from the seven automakers. … The remaining sticking point is the sum to be paid by the automakers. The companies have indicated they are willing to pay the 1.2 billion yen proposed by the court.
• 2007/06/27 Government, tollway firm OK air pollution settlement, The Japan Times; The central government and Metropolitan Expressway Co. announced Tuesday they will accept a multibillion yen, court-proposed settlement in a damages lawsuit over air pollution from diesel-powered vehicles in Tokyo. …The other defendants in the suit — the Tokyo Metropolitan Government and seven car makers — Toyota Motor Corp., Nissan Motor Co., Nissan Diesel Motor Co., Mitsubishi Motors Corp., Hino Motors Ltd., Isuzu Motors Ltd. and Mazda Motor Corp. — had not filed their decisions as of Tuesday afternoon. …The plaintiffs and the defendants have until July 12 to say whether they will accept the settlement.
• 2007/06/26 EDITORIAL: Suit over exhaust fumes, The Asahi Shimbun; “The most notable component of the settlement proposal requires the car manufacturers to pay a combined 1.2 billion yen to the plaintiffs. The patients sought a financial settlement from the companies. However, a lower court ruling did not hold the carmakers liable for the plaintiffs’ health problems. The high court’s move seems to reflect a strong judicial will to ensure the automakers shoulder a social responsibility even if they are not legally liable for the problem. We applaud the high court’s judgment. … the [automobile] makers are concerned that they could face similar demands for settlement money from residents in many other areas. The total could be huge. But some of the manufacturers involved are dropping hints of willingness to pay the sum. They are well aware they have a responsibility to make their products less damaging to the environment. Rejecting the proposal, they fear, would badly damage their corporate images.”
• 2007/06/24 Settlement ball in plaintiffs’ court / Toyota leans toward accepting court-mediated sum in air pollution suit, The Yomiuri Shimbun; “Now that the Tokyo High Court has advised seven carmakers to accept a court-mediated settlement of 1.2 billion yen in an 11-year-old air pollution suit that brought asthma sufferers up against the automobile industry, the state and Tokyo metropolitan government, the focus has shifted to whether the sum is acceptable to the plaintiffs. ‘The proposal will pose a painful choice for you, but we’d like you to accept it,’ presiding Judge Toshiaki Harada said Friday. Upon receiving Harada’s advice, Toyota Motor Corp., one of the defendants, appeared ready to accept the court’s proposal and will consult with the other automakers this week.
• 2007/06/23 Court proposes automakers pay 1.2 billion yen to settle pollution suit, The Japan Times; “The Tokyo High Court proposed Friday that seven automakers pay 1.2 billion yen to hundreds of asthma patients to settle a decade-long court battle over air pollution caused by emissions from diesel-powered motor vehicles in Tokyo.
  Presiding Judge Toshiaki Harada gave the plaintiffs and defendants until July 12 to decide whether to accept the court-proposed compromise plan.”
• 2007/06/23 Carmakers’ share? 1.2 billion yen floated, The Asahi Shimbun; “Seven automakers should pay a combined 1.2 billion yen to asthma sufferers who lived near busy roads in Tokyo, the Tokyo High Court proposed Friday. The automakers have until July 12 to respond to the suggested court-mediated settlement. … The plaintiffs had indicated that they would not settle for anything less than 2.5 billion yen. The automakers had offered just 500 million yen. The plaintiffs had sued the central and Tokyo metropolitan governments along with the seven automakers and what is now Metropolitan Expressway Co. for not controlling the pollutants along busy roads. They said that the failure to do so triggered their asthma.
• 2007/06/23 Carmakers urged to pay 1.2 bil. yen to settle pollution suit, The Yomiuri Shimbun; “The Tokyo High Court on Friday advised the seven carmakers who are defendants in an 11-year-old air pollution suit to accept a court-mediated settlement of 1.2 billion yen. The suit was first filed in May 1996, and 633 plaintiffs, mostly asthma sufferers, had been involved as of the sixth filing in March last year. As of Friday, there were 522 plaintiffs, who claim they suffered from health problems due to car exhaust. The plaintiffs already have decided to settle with the central and Tokyo metropolitan governments. The amount to be paid by the carmakers has now become the focus of attention. The seven automobile manufacturers are Toyota Motor Corp., Nissan Motor Co., Nissan Diesel Motor Co., Mitsubishi Motors Corp., Hino Motors Ltd., Isuzu Motors Ltd. and Mazda Motor Corp.”
• 2007/06/10 Asthma case settlement likely / Discussions shift to amount as court eyes agreement this month The Yomiuri Shimbun; “The Tokyo High Court intends to present a settlement this month to some of the defendants in a lawsuit brought by asthma patients in Tokyo, who are demanding compensation for damage to their health caused by exhaust fumes, high court sources said Saturday. Asthma patients in Tokyo are seeking compensation from the central and metropolitan governments and seven automobile makers, claiming their health has been affected by air pollution from automobile exhaust fumes. A settlement is considered highly likely as the plaintiffs, who continued negotiating with each defendant after the appeals trial concluded in September, approve of the proposals made by the central and metropolitan governments, according to the sources. Discussions are now expected to shift to the amount of compensation the seven automobile makers are willing to pay. The high court has drawn up a settlement that increases the level of compensation offered by the manufacturers in an effort to encourage the two sides to reach a settlement, the sources said.”
• 2007/06/16 State, victims of air pollution near settlement, The Asahi Shimbun; “The central government Friday presented plans to diffuse automobile exhaust emissions in the capital, the final piece in the puzzle to bring relief to plaintiffs with respiratory diseases caused by air pollution. Plaintiffs in air-pollution lawsuits hailed the state’s plans as ‘groundbreaking.’ … On the urging of the Tokyo High Court to seek an out-of-court settlement, the government in late May decided to contribute 6 billion yen to a medical assistance fund for the victims. With the central government apparently satisfying all the conditions set by the plaintiffs, the plaintiffs’ side said a settlement with the central and metropolitan governments could be reached soon. … The Tokyo metropolitan government is expected to present its own set of countermeasures against air pollution on Monday. But it might be more difficult for the plaintiffs to come to an agreement with the automakers. … The Tokyo High Court in September last year urged the parties to seek a settlement on their own, saying the case contains many problems that cannot be resolved by a court ruling.”
• 2007/06/05 Carmakers sound out asthma patients on settlement over pollution, Japan Today; “Seven makers of diesel cars have informally offered to settle with asthma patients in Tokyo who have filed a lawsuit against them, but the plaintiffs say they are not ready to accept the payments because the amount offered is too small, the plaintiffs’ lawyers and the manufacturers said Monday. The proposed amount is less than 1 million yen per plaintiff, compared with the standard in other past air pollution cases of around 5 million to 7 million yen, according to Takao Nishimura, one of the lawyers. The total amount is estimated to be in the range of several hundred million yen. In October 2002, the Tokyo District Court acknowledged seven of the original 99 plaintiffs as having suffered asthma due to gas emissions from diesel vehicles and ordered the state, the former Metropolitan Expressway Public Corp and the Tokyo government to pay a combined 79 million yen to them.
• 2007/06/05 Asthma sufferers reject carmakers’ settlement; The Japan Times.
• 2007/05/31 Abe vows to provide 6 billion yen for asthma sufferers, The Asahi Shimbun; “In a move that could finally bring relief to sufferers of respiratory diseases brought on by air pollution in Tokyo, Prime Minister Shinzo Abe on Wednesday said the central government would contribute 6 billion yen to a compensation fund. … Observers have speculated that Abe made the concession to shore up his sagging approval ratings in the polls. Until now, the government has fought against paying compensation to plaintiffs in a lawsuit claiming that air pollution along expressways in Tokyo was responsible for their asthma. The state had argued that there was no clear link between government policy and the occurrence of asthma and other respiratory diseases. The Tokyo High Court had been mediating a possible settlement to provide compensation for a total of 633 plaintiffs. The first lawsuit was filed in May 1996. … In October 2002, the Tokyo District Court ordered the state, the then Metropolitan Expressway Public Corp. and the Tokyo metropolitan government to pay 79.2 million yen in compensation to seven plaintiffs. …”
• 2007/01/14 Carmakers to hold asthma talks, The Japan Times; “Toyota Motor Corp. and Japan’s six other major car manufacturers have agreed to start talks on a massive health-care subsidy plan proposed by the Tokyo Metropolitan Government to settle a lawsuit by asthma patients, sources said. The proposal would cost around 4 billion yen per year for health-care expenses borne by all bronchial asthma patients aged 18 or older in Tokyo. … It envisages the central and metropolitan governments each providing one-third of the funding. A group of highway operators and the seven carmakers would shoulder the rest. The money would cover individual medical costs, except for hospitalization, before reviewing the plan five years after its launch. …”
• 2002/11/12 Plaintiffs in air-pollution lawsuit to appeal ruling, The Japan Times; “Dozens of plaintiffs waging an air-pollution lawsuit will appeal a recent ruling that denies them compensation over health problems they claim were triggered by vehicle exhaust fumes, a lawyer and one of the plaintiffs said Monday. The plaintiffs also voiced dissatisfaction that the Tokyo District Court ruling holds the national government, the Tokyo Metropolitan Government and the Metropolitan Expressway Public Corp. accountable for part of the air pollution — and clears seven automakers named in the suit of any responsibility.”
• 2002/10/29 TMG’s Response to the Court’s Ruling in the Tokyo Air Pollution Case, Tokyo Metropolitan Government, current topics; Good overview of case, Tokyo government’s response and the reason for that response.
• 2001/12/25 Pollution case could set new precedent, The Japan Times; “…While there are no statistics available for adults, those for minors suggest the number of people afflicted with respiratory problems in Tokyo has risen every year since 1988. In 1988 the government scrapped a system that provided certified victims of air pollution in 41 areas around the nation with support. It determined that air quality levels — especially with regard to sulfur oxides — had improved to such a degree that the system was no longer warranted, according to Hiroyuki Eguchi of the Environment Ministry. … But while sulfur oxide levels may be under control, it is generally recognized that nitrous oxides, which interact with sunlight to form smog, and particulate matter — the black, sooty residue belched from diesel-fueled machines — remain at unhealthy levels. Last year, an advisory group conducting a risk assessment of particulate matter, which can enter the lungs, said it is very likely carcinogenic. The ministry is performing tests on particulate matter, but the results will not be released for five years. … Environment Ministry officials concede that particulate matter probably causes cancer, impairs respiration to some degree, and increases mortality rates among the elderly when concentrations rise. They deny, however, that it causes asthma or chronic bronchitis. … If the plaintiffs win, the case could have weighty implications stretching beyond the health of those involved. …The seven diesel automobile manufacturers named in the case could be found negligent for not equipping their products with available but expensive pollution reduction technology, such as computers that enhance combustion efficiency. If found culpable, they could find themselves footing the medical bills for thousands of Tokyo residents. This in turn could lead to similar developments in other cities. …”

Links:

• 東京大気汚染公害裁判原告団