Jurisprudence

Objectives (Article 1): to stabilize and improve the life of the citizens and to develop the national economy through comprehensive and systematic implementation of the policies on forest and forestry

Forest reserves (保安林)

National forest reserves (国有保安林)

Landscape Act (of Japan) (景観法)

Purposes: Build a beautiful and dignified land, create an attractive and comfortable living environment and realize vibrant communities with distinct personalities by taking comprehensive measures to develop good urban and rural landscapes such as formulating landscape plans
To improve the quality of life, contribute to the growth of the national economy and sound development of society

Threee acts for landscape and greenness

+ Landscape Act
+ Act to Improve and promote Landscape Act
+ Urban Green Space Act

Shiroyama Area Map

SHIROYAMA

Shiroyama is a 107 meter hill in the middle of downtown Kagoshima. It forms a part of the Aira Caldera which centers on on Sakurajima, and it consists almost entirely of volcanic shirasu deposit. The view from the top of the hill takes in the city center, Kinko Bay and of course Sakurajima, which regularly sends clouds of white smoke and stream over a thousand meters up into the sky, providing a breathtaking panorama.

Since the Seinan Civil War (the Satsuma Rebellion of 1877) Shiroyama has always been associated with Saigo Takamori as the battleground of his last and most famous campaign. The events of 1877 which lead to the deaths of so many of the Satsuma Army, including Kirino Toshiaki, Beppu Shinsuke and the hero of the Meiji Restoration, Saigo Takamori himself, will always be remembered by the people of Kagoshima.
Further back in history it was here that Ueyama built a hill fort during the Northern and Southern Courts (1336-1392), and in Don Square the remains of ancient earthworks and a dry moat bear witness to the defensive role this fort continued to play even under Shimazu rule.
Another of Shiroyama’s many attractions is its rare collection of fauna and flora. The walks up to this observation post from Terukuni Shrine and Iwasaki Valley lead through preservation order woodland of about 500 species of temperate and subtropical flora, including groups of camphor 400 years old, shiroyama fern and shiroyama osmunds, which provide a home for many varieties of birds and rare insects.

Nature trail

Many unusual plants and insects inhabit the glossy leaved wood, including the temperate shiroyamashida fern first found here and the rare kimuragumo spider. Altogether, approximately 500 species of flora make up this natural treasure trove.

Place where Saigo died

Historic sites on Shiroyama include the remains of the fort or shiro built by Ueyama in the period of the Northern and Southern Courts (1336-1392), waterways from the Shimazu period utilizing the impervious geological layers of Shiroyama, Saigo Takamori's cave and the monument to Saigo’s last stand.

Natural park/nature park (自然公園)

A natural park (or nature park) is an area of environmental, historical, cultural, aesthetic, recreation and other values, where ecosystems, nature complexes and separate objects can be used for environmental, ecological awareness and recreational purposes
A national park (s.s.) is a natural park in use for conservation purposes created and protected by national governments

USA

1872: Yellowstone National Park, firstly established in the world (located in three states, Idaho, Montana and Wyoming)

Now about 50 locations, incluidng Grand Canyon and Yosemite, are assigned as national parks
strictly prohibiting hunting, collection, transplantation, feeding, etc.

Ex. can not picking up one leaf without permission

Natural wildfires are not extinguished, except the fire possibly lead human disasters → the policy is that human does not interfere natural events

Japan

1931 National Parks Act:

1934 Setonaikai, Unzen and Kirishma - the first three national parks

1957(S32): Natural Parks Act (自然公園法) revised:

national parks + quasi-national parks + prefectural natural parks

Pollution (公害)

Polluter-pays principle (汚染者負担の原則, PPP)

Adopted by OECD on May 26 1972
Those who produce pollution should bear the costs of managing it to prevent damage to human health or the environment

a factory that produces a potentially poisonous substance as a byproduct of its activities is usually held responsible for its safe disposal

→ accepted the principle worldwide

☛ Japan (日本)

USA

Clean Air Act (1963 USA, 大気浄化法)

1959 California Air Pollution Control Legislation (大気清浄法)

addressing air pollution by vehicle emissions, particularly in urban areas like Los Angeles
California Department of Public Health to regulate vehicle emission
State Standards introduced: stricter than federal standards

1970 Revision drafted and proposed by Senator Muskie Edmund S

Muskie Act (マスキー法, commonly known) = revised parts
tightened vehicle emissions regulations

Table. Key Amendments of the 1970 Muskie Act

Emission cuts: 90% reduction in automobile emissions (CO, HC, NO_x) from 1970–71 levels
Start dates: CO/HC = 1975. NO_x = 1976
Sales ban: non-compliant vehicles barred from sale
EPA (Environmental Protection Agency) creation: established federal enforcement agency
Scientific input: based on National Academy of Sciences reports
Delays and rollbacks: faced industry resistance and post-1973 oil crisis setbacks, leading to postponed or relaxed regulations

1972: confrimation of attainment criterion for the production after 1976

NOx = 0.4g/mile
→ hard and fast restriction law for car exhaust at that time
once suggested that the reaching goal was impossible → solved by CVCC (Honda, Japan)

1974: scraped the act, owing to backlash from automakers
→ emission control gradually progressed →

attained the criteria of Muskie Act in 1995

National Environmental Polilcy Act (NEPA, 国家環境政策法), USA

1969 enacted (signed on 1970/01/01)
to ensure consideration of environmental factors in federal decisions
to promote productive harmony between humans and nature

applying to major federal actions affecting the environment

environmental assessments for preliminary review
1960s societies for nature protection - active, e.g., Sierra Club
1965 Scienic Hudson Case: affected NEPA

The Scenic Hudson Preservation Conference v. Federal Power Commission, 354 F.2d 608 (2d Cir. 1965)
planned hydroelectric facility on on Storm King Mountain, NY
Plaintiff: Scenic Hudson Preservation Conference

recognized Scenic Hudson standing to sue
∵ natural beauty and historic landscapes are legitimate public interests

Defendant: Federal Power Commission (FPC)

1966 Freedom of Information Act (情報公開法)

assessment results must be made public

environmental impact statements
⇒ Council on Environmental Quality (CEQ, 大統領環境質評議会)

1970 Office of Environmental Quality (OEQ), supporting CEQ
1970 Environmental Protection Agency (EPA), administrative

⇒ Public Trust Doctrine (公共信頼原則)

trustee role of the state
public access and use
limits on privatization

⇒ related acts: pollution and land use regulations
1972 revised Federal Insecticide, Fungicide, and Rodenticide Act

1947 FIFRA (連邦殺虫剤・殺菌剤・殺鼠剤法)

1963 Clean Air Act (大気浄化法)
1970 Environmental Quality Improvement Act (環境品質改善法)
1972 Clean Water Act (浄水法)
1972 Coastal Zone Management Act, CZMA (沿岸域管理法)
1973 Endangered Species Act (絶滅危惧種保護法)
1974 Safe Drinking Water Act (安全飲料水法)
1976 Resource Conservation and Recovery Act (資源保全・回収法)

France

1917 Réglementation des installations classées pour la protection de l' environnement (ICPE, 環境保護のための分類施設規制)

1810 decree: categories 1 to 3 on nuisance facilities, e.g., odor/noise

1 (high risk) and 2 (moderate): government authorization
3: notification

1976 clarified environmental protection
2000 merged into the Environmental Code

1950 evolution of wastewater discharge standards (based on ICPE)
1953 EWDS applied to facilities regulated by ICPE

1961 Loi n°61-842 du 2 août 1961 relative à la lutte contre la pollution atmosphérique (Law on Atmospheric Pollution Control)

introduced monitoring systems, emission limits and administrative oversight
1996 Air and Rational Use of Energy Act.

1964 Water Charter (Water Act), based on ICPE =

Loi relative au régime et à la répartition des eaux et à la lutte contre leur pollution (Law on the flow regime and distribution of water and on the fight against water pollution)

1976 Loi n° 76-629 du 10 juillet 1976 relative à la protection de la nature (Nature Protection Act)

conservation of plants and animals
protecting environmental and human health
→ adopting environmental assessment

Germany

West Germany

1869 Gewerbeordnung vom 21. Juni 1869, GweO (Industrial Code)

1946 Constitution of the Free State of Bavaria

described nature conservation by public administration

1937 Gesetz über Wasser-und Bodenverbände (Wasserverbandsgesetz) (Water Association Law)

1957 Wasserhaushaltsgesetz, WHG (Federal Water Act)

polluter pays principle (汚染者責任原則)

1968 Bundeswasserstraßengesetz, WaStrG (Federal Waterways Act)

1974 Bundes-Immissionsschutzgesetz, BImSchG (Federal Immission Control Act)

Def. the concentration of pollutants or harmful substances in the environment at a specific location and time

the legislative concept dates back to 1965

East Germany

Prior to 1945, it was basically part of what later became West Germany

1954 Gesetz über den Schutz der Natur und die Pflege der Landschaft (Nature Conservation Act of 1954)

1963 Gesetz über die Wasserwirtschaft (Water Management Act)

1964 Verordnung zum Schutz und zur Nutzung land-und forstwirtschaftlicher Flächen in der sozialistischen Landeskultur (Decree on the protection and use of agricultural and forestry land within socialist land management)

1968 Constitutional amendment: insertion of environmental clauses

land belongs to the most valuable natural resources
the state and society shall protect nature for the public good

1969 Berggesetz der Deutschen Demokratischen Republik (Mining Act)

1969 Gesetz über die sozialistische Landeskultur (Act on Socialist Land Management) (国土文化法)

Feed-in Tariff (FIT, 固定価格買取制度) of Japan

to promote the use of renewable energy

by guaranteeing fixed purchase prices for electricity generated from sources such as solar, wind, biomass, hydro, and geotherma

Research permisssion (調査許可)

We need research permissions from vairous organizations, such as governments and private owners, to conduct field research. Many volcanoes and wetlands are assigned as national or public parks.

Cases

Volcanoes

Most volcanoes are assigned as national and quasi-national parks.

Skislopes

Depending on the owners of skislopes

Moiwa

Manager:

Summit area: national forests
South slope: city-owned forest
Skislope: Rinyu Kanko Co. → research permssions must get from City and/or Governmental Offices

Teine

Manager:

Kamori Kanko Co.

The exclusive right given to the creator of a creative work to reproduce the work (usually for a limited time)

Creative work:

literature
art and music
education
and others

Jurisprudence (法学)

Environmental law (環境法)

International environmental law (国際環境法)

Laws relevant to skislope and wind power in Japan

Law relevant to forest (森林関連法)

Forest Act (森林法)

Forest and Forestry Basic Act (森林・林業基本法) of Japan