A Japanese court has ruled that the government must compensate residents living near the strategically important Atsugi Air Base for past noise pollution, but stopped short of halting flight operations. The Yokohama District Court handed down the ruling on Nov. 20, awarding approximately 5.9 billion yen (US$38 million) to roughly 8,700 plaintiffs who claimed that aircraft noise, particularly at night and in the early morning, had significantly impacted their lives.
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Yamaguchi Yoshiaki from Japan, CC BY-SA 2.0, via Wikimedia Commons
The case, the fifth in a series of legal battles dating back to 1976, focused on the base’s shared use by the Japan Self-Defense Forces (SDF) and the U.S. military. Situated in a densely populated area near Yamato, Atsugi Air Base has long been a source of contention due to the noise generated by its aircraft operations. The plaintiffs had sought compensation for past and future noise pollution, as well as a ban on nighttime and early morning flights.
Presiding Judge Nobuhiro Okada acknowledged that noise levels exceeding 75 decibels on the Weighted Equivalent Continuous Perceived Noise Level (WECPNL) scale infringed on residents’ right to undisturbed sleep, aligning with precedents set in similar cases across Japan. The court determined that while the relocation of U.S. carrier-based aircraft to Iwakuni air base in 2018 had led to a reduction in noise levels, the impact on residents remained significant.
However, Judge Okada rejected the call for a flight ban, citing the “highly public” nature of SDF operations, which he deemed essential for protecting citizens’ lives, safety, and property. He further stated that there was no formal approval from the defense minister for the U.S. military to use Atsugi Air Base, precluding the court from ordering a halt to U.S. aircraft operations.
The plaintiffs, led by 78-year-old Shuji Onami, expressed deep disappointment with the ruling. “This decision is extremely unjust,” Onami said at a press conference following the verdict. “It completely fails to understand the conditions we live under.” Lawyers representing the residents echoed Onami’s sentiments and confirmed their intention to appeal the decision.
This latest legal challenge is likely to have far-reaching implications, not only for residents around Atsugi but also for those living near other military bases across Japan grappling with similar issues. The outcome of the appeal process is eagerly awaited, as it could set a precedent for future noise pollution litigation and shape the delicate balance between military operations and community interests in Japan.
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