現代廃棄物紛争と法的諸問題(2) : 仮処分判例を中心として

概要

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Preliminary injunction is indispensable in wastes disputes for several reasons. First of all, the fact that formal lawsuit takes too much times until it provides final remedies for nuisance victims necessitates preliminary injunctions for them not to suffer from serious injuries by the construction and operation of wastes disposal facilities. In addition, the court is more likely to hesitate to issue final injunctions under the standard for judgement of injuries triggering legal remedies for the victims should such facilities come to be operated in a way that their closing down run against public interests. Although the victims' interests of health integrity are more important than any other evasive public interests, it is difficult to deny such a court's tendency as the consummation of wastes facilities makes the victims' entitlement for legal remedies less promising. On the other hand, at the time when such facilities are not yet constructed or operated, it is hard to prove the likelihood that residents around such facilities will be hurt by them. This article examines various legal issues relating to preliminary injunctions utilized for wastes disputes.