Military Bases and Noise Pollution: Taking Measures Further Than Before

Published in Nishinippon Shinbun
(Japan) on 23 May 2013
by Editorial (link to originallink to original)
Translated from by Courtney Coppernoll. Edited by Kyrstie Lane.
A military base is public in nature and serves the public good. So, how are these features being balanced with the peaceful lives of citizens who live in the vicinity of such bases? I'd like to urge the government to make a judicial ruling on this matter beyond what they have done until now.

Naval Air Facility Atsugi, in Kanagawa prefecture, is jointly used by the U.S. military and Japan's Maritime Self-Defense Forces. A Yokohama district court recently ruled that the Japanese government must pay damages to local residents for the noise and also ordered the suspension of Self-Defense Forces aircraft flights. Though lawsuits just like this one have been filed in the past, this is the first time such conditions have been awarded.

The Tokyo High Court has also shared its thoughts on noise pollution caused by military bases up until now. Although it recognizes the noise has previously caused injuries, it does not acknowledge any future damage it may do. It also rejects demands to prohibit military flights, which some have criticized as being too passive. Though the plaintiffs in this most recent ruling also wanted to prohibit U.S. military aircraft from being flown at night — which accounts for the majority of the noise — that part of the suit was rejected. As a result, the terms for damage prevention are limited. However, these terms still extend beyond the limits of previous rulings, which is of no small significance. Let's hope the influence of this ruling will spread to every base-related lawsuit around the country.

Naval Air Facility Atsugi has been carrying out night-time takeoff and landing practices for U.S. planes stationed on aircraft carriers. There are plans to relocate these carrier-based planes to Air Station Iwakuni in Yamaguchi prefecture, a base jointly operated by the MSDF and U.S. Marine Corps. There are additional plans to move U.S. aircraft training practices to bases on Japan's main island in order to reduce some of the burden placed on Okinawa by the military bases located there. Now, base-related noise pollution measures have the potential of becoming a more widespread issue than ever.

The three prior judicial rulings on the noise caused by Naval Air Facility Atsugi determined that the noise reached an unlawful level. Despite such rulings, however, the Japanese government still emphasized, even with this most recent lawsuit, that if the noise is “within permissible levels, the soundproofing assistance provided for residents' homes is effective.” The Yokohama court ruling recognized that noise pollution from the base is directly linked to local residents' personal injuries and that it's a serious problem. They also identified the limits of national countermeasures.

The amount of compensation the court ordered as damages for the base's noise pollution was the highest awarded so far, and we can only hope it serves as a warning for future violations. The government should be urgently striving to create noise prevention measures that extend beyond what we've had up until now.

To do that, the reality of personal injuries caused by the noise should once more be reviewed in great detail. It would also be good to meet with the U.S. military to seriously discuss the matter. Plus, even though serious noise pollution has been identified, that doesn't mean the only ones who are affected are those living within the vicinity of the bases. As things stand now, it's very possible that this issue could also undermine the bilateral understanding and cooperation that serves as the foundation of the Japan-U.S. Security Treaty.


基地と騒音被害 従来の発想超えた対策を

軍事基地の持つ公共性・公益性と周辺住民の平穏な暮らしをいかに均衡させるか。より踏み込んだ対応を政府に促す判決といえる。

 米軍と海上自衛隊が共同使用する厚木基地(神奈川県)の騒音被害をめぐる訴訟で、横浜地裁は国の損害賠償に加え、同種訴訟としては初めて自衛隊機の飛行差し止めを条件付きで認めた。

 これまで空港や基地の騒音被害について最高裁が示してきた考え方は、過去の損害は認めるものの将来生じる損害は認めず、飛行差し止め請求は退ける-というもので、消極的すぎるとの批判もあった。今回の判決は、夜間騒音の大半を占める米軍機の飛行差し止めを退けたため被害防止の面は限定的だが、従来の司法判断の枠を超えた意味は小さくない。各地の基地訴訟に影響を与えよう。

 厚木基地は米空母艦載機の夜間離着陸訓練を実施しており、その艦載機を海自と米海兵隊が共同で使う岩国基地(山口県)に移駐させる計画がある。沖縄の基地負担軽減のため、米軍機の訓練を国内基地に移す構想もあり、基地の騒音対策は従来以上に広域的な問題となる可能性をはらんでいる。

 厚木基地の騒音をめぐる過去3度の判決で騒音が違法なレベルにあることは確定している。ところが、国は今回の訴訟でも騒音は「受忍限度内で、住宅防音工事助成に効果がある」と主張した。判決は、騒音を住民の健康被害に直結する深刻なものと認定し、国の対策の限界を指摘した。

 賠償額を基地騒音訴訟として最高にした点からも、強い警鐘の意味合いがうかがえる。政府は、従来の発想を超えた騒音対策に早急に取り組むべきだろう。

 そのために被害の現実をもう一度つぶさに把握して、米軍側と真剣に話し合
うことがあってもよいはずだ。深刻な騒音被害が確認されても司法の力で差し止めることができないという現実は、基地周辺の住民だけが矛盾を感じるわけではない。このままでは国民的な理解という日米安保体制の土台を損なうことにもなりかねない。
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