The Voiceless Residents' Cry - Construction of Industrial Waste Facilities and Litigation in Fukuoka Prefecture (2004)

The Voiceless Residents' Cry - Construction of Industrial Waste Facilities and Litigation in Fukuoka Prefecture (2004)

In 2004, a new intermediate treatment facility was being planned in Fukuoka Prefecture to handle the rapidly growing volume of industrial waste. In Japan, which had experienced rapid economic growth, the quantity and quality of industrial waste had become increasingly complex due to the diversification of manufacturing industries and the expansion of urban areas. Fukuoka Prefecture, in particular, as the gateway to Kyushu, had also developed industry, and the development of waste treatment facilities was an urgent issue.

However, the construction of this facility sparked strong opposition among local residents. The main point of contention was the inadequacy of the "environmental assessment" (environmental impact assessment). Local residents' groups claimed that the survey was a formality and that it was insufficient to assess the specific impact of the facility on air and water pollution and the increase in traffic after it went into operation. A sense of crisis that the health and living environment of the community were being disregarded spurred the residents to take legal action.

In fact, the nationwide trend at the time was that the location of industrial waste facilities were easily treated as "nuisance facilities (NIMBY)," and there was a string of cases in various regions where residents' opposition movements intensified. While local governments and companies claimed to be fulfilling their "accountability," residents strongly distrusted the quality and timing of information provision and the lack of interactive exchange of opinions. This case in Fukuoka Prefecture is also a typical example of the disconnect between administrative procedures and residents' agreement that has become apparent.

The lawsuit filed by the citizens' group sought an injunction against the construction itself, which was a very high hurdle for an administrative lawsuit, but it also served as a catalyst for the attitude of "ignoring residents" in the construction of facilities to become a social problem. The case raises important issues from the perspective of environmental justice, and the issue of how to strike a balance between "development" and "livelihood" is still at the root of the ongoing debate.