http://asia.reuters.com/news_article.jhtml;jsessionid=C54TF0SWV1BDWCRB 
AE0CFFA?type=topnews&StoryID=1646850

Court spares Japan carmakers in landmark pollution suit

29 October, 2002 18:04 GMT+08:00

TOKYO (Reuters) - A Japanese court on Tuesday ordered the central and 
Tokyo city governments to pay compensation for health problems caused 
by diesel exhaust fumes but rejected a demand that vehicle makers be 
made to pay as well.

It was the first time that Japanese automakers had been taken to 
court in a suit over health problems related to pollution.

The Tokyo District Court ruled that the national government, Tokyo 
city government and a public highway corporation owed seven of 99 
plaintiffs a total of 79.2 million yen ($642,600) for contributing to 
their health problems.

The plaintiffs, who suffer from pollution-related diseases such as 
asthma, had sought a combined 2.23 billion yen ($18 million) in 
compensation and an injunction against emission of pollutants. The 
injunction was also rejected by the court.

"The claim against the automakers was rejected," said a court 
spokesman. "But the claims against the government were upheld."

The suit named seven auto makers, including Toyota Motor Corp, Nissan 
Motor Co, Nissan Diesel Motor Co, Mitsubishi Motors Corp, Hino Motors 
Ltd, Isuzu Motors Ltd and Mazda Motor Corp.

The suit claimed that the plaintiffs had been made sick by vehicle 
exhaust, and diesel exhaust particles in particular, from 104 roads 
and expressways in the Tokyo metropolitan area.

The suit said that profits had motivated the car makers to continue 
producing vehicles that emitted harmful exhaust fumes and to expand 
the market of diesel-powered vehicles.

The automakers argued that they had tried their best to develop 
technologies to reduce exhaust gas and said the spread of 
diesel-powered vehicles was recognised as being market driven.

They also claimed that the concentration of automobiles in Tokyo 
causing air pollution must be understood as part of larger urban 
problems that cannot be controlled by the industry.

The results of the suit, filed in 1996, are likely to give new 
impetus to efforts by populist Tokyo governor Shintaro Ishihara to 
clamp down on diesel vehicles in Tokyo, a car-choked city of more 
than 12 million people in a region of more than 30 million.

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