Background

• Two cases of the soil contamination (caused by an oil spillage) were reported at a gas station. However, it was found that the oil spillage was due to an expansion of soil contamination occurred in a neighboring area in the past. 
• Several cases of civil, criminal and administrative litigations were filed by the landowner of the gas station, landowners of the neighboring area, petroleum dealers in the neighboring area who commenced the business in the past, and the local government.
• It is a classic example of an environmental conflict due to soil contamination in the urban area. Even though it had been a while since the first case of soil contamination was reported, people in charge of the purification avoided taking their responsibilities, and thus the conflict could not be solved. 

Work Scope

• Communication with experts in a soil contamination investigation, and a soil remediation
•  Emphasis on the need of re-assessment of the soil pollution in the entire neighboring areas; and review of the assessment results
• Review of laws regarding a person responsible for purification and the damage liability (as stipulated in Soil Environment Conservation Act); and review of legal issues on the numerous people involved in the pollution.
• Defense of our client against the litigation for the damage liability on behalf of the client

Results and Implications

ELPS had conducted the re-assessment on the soil pollution around the gas station and the neighboring area. We also revealed the actual pollution sources; confirmed the oil expansion issue through the scientific, technical and legal reviews; and sought solutions to address the pollution sources and the oil expansion. As a result, we received a favorable judgment; contributed on the preservation of the victim; and clarified the responsibilities of the people involved in the solution by actively claiming and proving issues in the purification and the damage liability (as stipulated in Soil Environment Conservation Act); or civil liability for damages even in the civil litigation for victims of soil contamination.