Soil Protection Law in Japan

Environmental law has developed in parallel with the process of combating environmental pollution in Japan. However, while soil contamination has been recognized as a form of environmental pollution, legislation for measures against soil contamination has lagged far behind. Soil contamination on agricultural land was addressed with legislation in 1970, but soil contamination in urban areas was only addressed with legislation in 2002, with the enactment of the Soil Contamination Countermeasures Act. Even the Soil Contamination Countermeasures Act faces major challenges as it does not apply to voluntary investigations and measures. This is a significant concern because among the total number of soil contamination investigations and countermeasures, the number of voluntary measures significantly exceeds the number of measures taken under the Soil Contamination Countermeasures Act. Moreover, the liability scheme is such that liability is weighted more toward landowners than polluters.