Who Is Responsible for Harmful Car Exhaust?
Tokyo Court Orders Government to Pay Damages for Asthma Caused by Auto Exhaust
| Polluters impose costs, dangers and burdens on others, so polluters should be held liable for their actions. If, instead, government is held liable and taxpayers are forced to pay, then it becomes even more important that government should tax polluters to recover the value of that liability. |
A group of Japanese asthma sufferers who say Tokyo air pollution made them sick won a 79.20 million yen (US$638,000) lawsuit against the national government and highway authority.
The seven plaintiffs said the capital's exhaust-choked roadways either gave them asthma or exacerbated preexisting asthma conditions. Tokyo District Court awarded each between 3.30 million yen and 27.50 million yen (US$26,600-$221,000), according to court spokesman Kazuhiro Nakayama. The award totaled 79.20 million yen (US$638,000).
Citing a failure to properly build and manage Tokyo's roads, the court ordered that the damages be paid by the national government, the Metropolitan Expressway Public Corp. and the Tokyo metropolitan government.
"The extent of the violation is very serious. The large volumes of exhaust that are continually released have caused and exacerbated bronchial asthma, which can endanger a person's life," the court said.
The seven residents awarded damages live within 50 meters (165 feet) of major roads and highways running through central Tokyo.
"The judgment is a very severe one," said Chikage Ogi, the land and transport minister. "Improving the environment of road transportation is an urgent matter, and I've directed the ministry to promote new measures to deal with the problem."
Another 92 people who were part of the same plaintiff group failed to prove that car exhaust and resulting pollution caused their ailments. They were not awarded damages.
Together, the 99 plaintiffs had sued the government, the highway authority, and automobile manufacturers for a total of 2.2 billion yen (US$17.74 million).
The automobile makers — which included seven of Japan's top car companies — were found not liable for the pollution and the health problems.
The lawsuit is the first of four suits filed against national and regional governments demanding compensation for health problems stemming from automobile pollution.
We can expect many more lawsuits of this type in other nations. But can we expect justice? Who should be held responsible? Tell your views to The Progress Report:
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