The central government and Hanshin Expressway Public Corp. filed an appeal Tuesday with the Kobe District Court over a Jan. 31 ruling ordering them to compensate residents in Amagasaki, Hyogo Prefecture, for air pollution-related health damages allegedly caused by an expressway. The ruling states that they must pay 210 million yen in health damages to 50 people living near Route 43 and the elevated Hanshin Expressway, as well as take steps to reduce vehicle exhaust emissions. As for the reasons behind the appeal, officials at the Construction Ministry pointed out that there is virtually no data regarding the relationship between suspended particulate matter and health problems, and that there are studies that contradict the findings of a Chiba University research group that was referred to in the ruling. They also said the court's orders to reduce emissions by controlling traffic went beyond the authority of those bodies in charge of road management. Masaharu Arikawa, a senior Hanshin Expressway official, said the appeal was made because parts of the ruling, such as the connection between suspended particulate matter and ill health, were different than those handed down in similar cases. "There was a need to refer the matter to a higher court," he added. Mitsuko Matsu, head of the plaintiff group, said she was full of sadness and anger that the government decided to appeal. Meanwhile, Transport Minister Toshihiro Nikai told a news conference that the trucking associations of Osaka and Hyogo prefectures will call on truckers to make efforts to avoid using Route 43 and instead traverse the expressway, which runs parallel to it, as much as possible. Nikai added that he would urge transport companies nationwide to follow suit so the plan can move forward as swiftly as possible. "No matter what the reason may be, it is a fact that local residents are troubled by exhaust fumes, and we gave thought to whether there were any steps we could take. We would like to carry out these measures separately from the legal (battle)," Nikai said. However, Hideo Nakao, head of the group of lawyers representing the plaintiffs, said he could not trust the measures outlined by Nikai, saying it was questionable whether they will actually be implemented, and if so, the action's effects would be unclear. At a separate news conference, the director general of the Environment Agency, Kayoko Shimizu, said a conference of bureau chiefs from the Construction, Trade and Transport ministries as well as the Environment and National Police agencies would be held by the end of the month to discuss ways to alleviate exhaust along Route 43. The new study group would especially look into the effects of diesel exhaust particles on human health and review the methods by which the amount of traffic on the nation's roads is regulated, agency officials said. Shimizu defended the government's appeal of the January ruling, saying the problem lies in the fact that the court "said there was a connection between air pollution and health problems."
