COMPARISON OF PUBLIC PARTICIPATION OF DECISION MAKING ON ENVIRONMENTAL ENFORCEMENT BETWEEN JAPAN AND UNITED STATES

ENVIRONMENTAL ENFORCEMENT AND CITIZEN PARTICIPATION IN ENVIRONMENTAL DECISION MAKING IN THE UNITED STATE

Abstract

In the course of my research on Japanese environmental law and policy, I have noted several areas where the Japanese and American approaches to protecting human health and the environment differ significantly. For example, Japan has a comprehensive scheme for compensating pollution victims (1) while the United States relies primarily on tort litigation to resolve these damage suits and has no administrative system for providing pollution victim compensation.(2) On the other hand, the U.S. recently passed two laws dealing specifically with the problems caused by unsafe hazardous waste disposal practices, (3) and has developed an extensive program regulating hazardous waste from its creation to its ultimate disposal. While Japan has provisions in several environmental statutes which address hazardous waste management, (4) hazardous waste regulation is somewhat fragmented and limited in scope.
This article will discuss two other areas of difference between programs of environmental regulation in the U.S. and Japan. These two areas are: 1) environmental law enforcement and 2) citizen participation in development and implementation of environmental law and policy.