ALSA 2025 meeting

This paper will examine the conflicts among interested parties (IPs) in the establishment of renewable energy (RE) facilities, citing some cases in Japan where we find veto/veto-like practices or less/no public participation (PP).
First, this paper will identify procedural environmental rights that we share in the global arena. The environmental rule of law, which appears in part in the Rio Principle 10, the Aarhus Convention and the Escazú Agreement, prescribes three pillars for the protection of environmental procedural rights: the right to information, the right to PP in the administrative process and the right to access to justice. Each government is therefore obliged to provide these opportunities to IPs.
Second, the paper will demonstrate that RE installations cause conflicts between IPs. Each Paris Agreement country is promoting the siting of RE facilities, reflecting its updated energy policy in pursuit of the Nationally Determined Contribution. However, in some cases, the neighbourhood of a large solar panel installation or a series of wind power plants criticises the environmental damage/degradation caused by these newly installed facilities and the lack of satisfactory PP opportunities or difficulties in participation. Traditionally, this type of conflict has been discussed concerning the procedural (and substantive) aspects of siting unpopular public facilities, such as waste disposal sites, under the rubric of “environmental justice”.
Finally, the question will be raised of how we resolve conflicts between IPs. In theory, local neighbourhoods have no veto power without legitimate reasons, while we have participation mechanisms such as environmental impact assessment laws and regulations. However, if this is not properly implemented due to a shortage of resources or less respect for the values of the PP, we need to seriously consider how to deal with these conflicting issues through administrative and judicial remedies in achieving environmental justice.