The Tokyo High Court reversed on June 24 a 1995 lower court decision ordering a public entity to publish data on the possible leakage of polluted water from a waste dumping site in Hinode, western Tokyo

The cancellation of the Tokyo District Court's decision has dealt a blow to local groups opposing the construction of another facility to dispose of garbage from 3.65 million residents of Tokyo's Tama area, observers said. Local environmental groups suspect that waterproof sheets beneath layers of waste have developed numerous leaks and that polluted water has been leaking, posing a danger to local residents' health.

In March 1995, the Tokyo District Court's Hachioji Branch ordered the Santama District Wide Area Waste Disposal Union, which comprises 27 municipalities in the Tama area, to reveal data on water from the dump site in Hinode, ruling in favor of local environmental groups. The union, which disposes of garbage from the Tama area, refused to comply with the order and instead chose to pay fines that have amounted to almost 200 million yen to date. The union appealed the court's order, demanding it be canceled.

The district court's order was based on a pollution prevention agreement concluded between local citizens and the union, which obliges the union to disclose data to people living near the dumping site. But the high court's decision strictly interpreted the definition of the local residents and excluded the residents demanding the information be disclosed.

Tetsuya Taira, an attorney for the local environmental groups, said the interpretation is unfairly narrow and they are likely to appeal the case to the Supreme Court, which will further delay the final settlement of the case.