2007 Fiscal Year Final Research Report Summary
Japan-U.S.Comparative Studies on Environmental Procedures : Development and Practice of Soil Contamination Remediation Law
| Project/Area Number |
18530027
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| Research Category |
Grant-in-Aid for Scientific Research (C)
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| Allocation Type | Single-year Grants |
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| Section | 一般 |
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| Research Field |
Public law
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| Research Institution | Chuo University |
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Principal Investigator |
USHIJIMA Hitoshi Chuo University, Faculty of Law, Professor (50268968)
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| Project Period (FY) |
2006 – 2007
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| Keywords | United States / administrative procedure / regulation / dispute resolution / environmental law / environmental remediation / risk management / soil contamination |
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| Research Abstract |
Research Conclusions are the followings :
First, in the United States, states' brownfield programs are developing beyond its infancy with support by a new federal law (2002 Small Business Liability Relief and Brownfield Revitalization Act, CERCLA amendment). States' programs and a new law & rules are relieving a side effect of CERCLA (Both broad scope of Potentially Responsible Parties and its identification by adversary judicial proceedings produced brownfields and other social problems).
Second, in Japan, a new law (2002 Soil Contamination Countermeasures Law) brought new weapons for local governments, but this statute has a limited scope and parties cannot always employ remediation method based on risk management due to lack of risk communication.
Third, compared Japan-U.S.statutory designs and procedures on soil contamination, U.S.regulatory style is changing its character of adversarial legalism toward a moderate position, while Japan's regulatory style is changing its character toward a bit legalized one due to the new law and ordinances with keeping its regulatory style preferring informal administrative guidance.
Forth, administrative law reform such as Administrative Case Litigation Law reform that provides more judicial remedies will contribute a new development to Japan and U.S.environmental law mentioned above.
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[Journal Article] 「研究成果報告書概要(和文)」より2008
Author(s)
Hitoshi Ushijima
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Journal Title
Administrative Law and Judicialized Governance in Japan, in Tom Ginsburg & Albert H.Y.Chen,eds., Administrative Law and Governance in Asia : Comparative Perspectives(Routledge)
Pages: 81-100
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