1996 Fiscal Year Final Research Report Summary

Leagal Study of the Control Over the Soiled Graund

Research Project

Project/Area Number	07620037
Research Category	Grant-in-Aid for Scientific Research (C)
Allocation Type	Single-year Grants
Section	一般
Research Field	Civil law
Research Institution	Kansai University
Principal Investigator	UEKI Satoshi Kansai University, Faculty of Low, Professor, 法学部, 教授 (40024939)
Project Period (FY)	1995 – 1996
Keywords	CERCLA / PPP / Soil Pollution / EPA / PL / 公害、環境責任 / 情報公開 / 土譲汚染
Research Abstract	In this Study we take a glance at the "CERCLA remedial costs" system and consider a "true" form of the Polluter Pays Principle. Under the CERCLA statute, response actions may either be taken by the responsible parties, by the Environmental Protection Agency (EPA), or by a state. If EPA undertakes the response action, expenditures are made from the Hazardous Substances Superfund. In turn, EPA is authorized to recover the fund expenditures from responsible parties. This is because, an objective of the recovery of response costs is to maximize the return of revenue to the fund. On the other hand, the "Cost-Bearing by Those Who Cause" system of Japan's Basic Environmental law has the potential to not function well. From this study comparing Japanese environmental law with American environmental law, we can get some suggestions for Japanese environmental law.

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