Polar Bear Case

In 2011 and 2012, Japan Environmental Lawyers Federation (JELF) applied to The Environmental Dispute Coordination Commission (EDCC) for a mediation with all Japanese 10 electric power companies and Electric Power Development Co., Ltd.(J-POWER) whose emissions of Greenhouse gases in total account for about 30 percent of Japan’s entire emissions. They argued that Japan was one of the leading emitters of Greenhouse gases, causing climate changes, must acknowledge that its emissions had directly affected island countries including Solomon Islands and Tuvalu, and these companies must reduce their emissions of Greenhouse gases. But EDCC concluded that climate change (Global warming) was not ‘Pollution’ in Basic Environment Act and dismissed our application. On August 24, 2012, they filed a lawsuit in Tokyo District Court to seek nullification of the EDCC decision. Plaintiffs consisted of JELF, 18 Tuvaluan individuals and Polar Bear, so this case was called ‘Polar Bear Case’ in Japan. On September 10, 2014, Tokyo district court, likely EDCC, dismissed their claims. The court interpreted ‘Pollution’ in Basic Environment Act in a limited way unfairly and concluded that climate change (Global warming) was not ‘Pollution’ on the grounds that CO2 had not toxicity in itself. Unfortunately, in Japan, not only government but also judiciary has been taking a negative attitude about climate change (Global warming) issue.