February 28, 2009
In a lawsuit against the Japanese government over aircraft noise from U.S. Kadena Air Force Base, an appeals court has awarded 5.7 billion yen in damages to 5,519 residents.
The Fukuoka High Court ruling on February 27 recognized that compensation should be awarded to residents in wider areas than ruled by the Naha District Court, which had awarded 2.8 billion yen in damages to 3,881 residents.
The lawsuit was filed in March 2000 by 5,540 residents living in communities surrounding the Kadena base against the Japanese government, seeking the halt of all flight operations between 7 p.m. and 7 a.m. and 16 billion yen in compensation for physical and mental suffering.
The high court said that the residents are disturbed by sonic booms and that noise from aircraft is unbearable.
However, it rejected the plaintiffs’ demand that flight activities be banned during evening and early morning hours.
It also rejected the demand that the court recognize the causal effect of exposure to aircraft noise on residents’ health problems.
The ruling added that this ruling does not necessarily relieve the government of its responsibility to improve residents’ living conditions regarding aircraft noise.
“As long as the plaintiffs are being barred from exercising a right to be awarded judicial relief through demanding that the court order an injunction against aircraft flights, the government has a duty to make political efforts to reduce noise from aircraft,” the court said.
A lawyers for the plaintiffs said, “It will be important to develop a movement to hold the government responsible for the residents’ right to a peaceful life. “Our struggle does not end here. We will continue to demand a peaceful night by forcing a halt to the excessive aircraft noise,” he said.
Kadena Air Base
“Kadena Air Base is the hub of airpower in the Pacific and home to the Air Force's largest combat wing--the 18th Wing--and a variety of associate units. Together they form ‘Team Kadena’--a world-class combat team ready to fight and win from the Keystone of the Pacific. Nearly 18,000 Americans and more than 4,000 Japanese employees and contractors make up Team Kadena. The base's estimated economic impact upon Okinawa's economy is more than $700 million annually.” (From the Website of Kadena Air Force Base http://www.kadena.af.mil/)
The Fukuoka High Court ruling on February 27 recognized that compensation should be awarded to residents in wider areas than ruled by the Naha District Court, which had awarded 2.8 billion yen in damages to 3,881 residents.
The lawsuit was filed in March 2000 by 5,540 residents living in communities surrounding the Kadena base against the Japanese government, seeking the halt of all flight operations between 7 p.m. and 7 a.m. and 16 billion yen in compensation for physical and mental suffering.
The high court said that the residents are disturbed by sonic booms and that noise from aircraft is unbearable.
However, it rejected the plaintiffs’ demand that flight activities be banned during evening and early morning hours.
It also rejected the demand that the court recognize the causal effect of exposure to aircraft noise on residents’ health problems.
The ruling added that this ruling does not necessarily relieve the government of its responsibility to improve residents’ living conditions regarding aircraft noise.
“As long as the plaintiffs are being barred from exercising a right to be awarded judicial relief through demanding that the court order an injunction against aircraft flights, the government has a duty to make political efforts to reduce noise from aircraft,” the court said.
A lawyers for the plaintiffs said, “It will be important to develop a movement to hold the government responsible for the residents’ right to a peaceful life. “Our struggle does not end here. We will continue to demand a peaceful night by forcing a halt to the excessive aircraft noise,” he said.
Kadena Air Base
“Kadena Air Base is the hub of airpower in the Pacific and home to the Air Force's largest combat wing--the 18th Wing--and a variety of associate units. Together they form ‘Team Kadena’--a world-class combat team ready to fight and win from the Keystone of the Pacific. Nearly 18,000 Americans and more than 4,000 Japanese employees and contractors make up Team Kadena. The base's estimated economic impact upon Okinawa's economy is more than $700 million annually.” (From the Website of Kadena Air Force Base http://www.kadena.af.mil/)
