When it undertakes the earthquake disaster reconstruction, the reproduction of the destroyed natural environment is important. It is necessary to think about the right concerning natural environment from the viewpoint of biodiversity especially in an environmental right. When suing it, it is necessary to examine whether to request the criteria of the tolerable limit from man when the right of natural environment is discussed or to request it from nature.

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Across the world, there is active debate on how to reduce environmental impact, build a society in harmony with nature, and advance the concept of Compact Cities for reorganizing urban communities. In Japan, highly-skilled developers have been increasingly applying such evaluation criteria as CASBEE for interior spaces and SEGES（S ocial and Environmental Green Evaluation System, which focuses mainly on greening） for exterior spaces, in an effort to achieve high-quality interior and exterior environments. Many projects that meet or exceed these criteria have been accomplished. Such high-quality exterior spaces-in particular, the existence effect of green space-not only benefit real estate developers and tenants but also serve as social common capital in the vicinity or an entire city. However, the management of such spaces incurs considerable cost. Who should pay the cost? This is and will continue to be a critical issue. If such spaces are evaluated as capital goods, there would be less hesitation to pay the cost to ensure the permanent value of the real estate. The permanent value of real estate cannot be maintained based solely on goodwill. Thus, regarding spatial attributes that have the potential to significantly benefit the environment, it will be necessary to establish ⅰ the concept of“g reen building value” and ⅱ an objective evaluation framework.

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It is the“ mitigation hierarchy” that achieve balancing human activities, including real estate development, and nature conservation. Mitigation hierarchy is the rule which requires development proponents to firstly avoid, secondly minimize, and, as a last resort, to compensate for environmental damage. “Compensatory mitigation” is called “biodiversity offset” as well and is the way to achieve no net loss of the same type of ecosystems which are to be destroyed by proposed development projects. Many countries, including most developed countries, have already introduced this rule but we have just started to discuss them in Japan. In this paper, a compensatory mitigation project stemming from high grade residential area development in the US, in which I participated 23 years ago, was explained and then discussed in order to understand the indispensability of　“mitigation sequence” in Japan.

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