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Light Pollution Effects and Legal Problems in England
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The light pollution can take to mean that light pollution is the invasion of the night sky by unwanted light(1) , the thoughtless by artificial light of excessive or obtrusive use of street, flood and advertising lighting.(2) The light pollution also might be defined as any form of artificial light which shines outside of the area it is intended to illuminate, including light that is directed above the horizontal into the night sky creating sky glow or which create a danger(3) glare.(4) However, light pollution definition and meaning might be able to be extended in the future because the light pollution can affect many dimensions of the environmental problems, for example, the dimension of light pollution and energy, such as energy consumption for outdoor lighting, energy losses as a result of light pollution and energy impact of light pollution.(5) If the dimension of light pollution and energy is brought up, the light pollution might be defined that light pollution is an expression relating to obtrusive light, which can affect to energy. Therefore, the definition of light pollution might be changeable and the light pollution meaning depends on scopes of research and scholars’ analysis.
Nowadays, Light pollution is a growing problem.(6) The rise(7) of artificial lighting(8) can affect to the environment because the pervasive nature of artificial light(9) can make light pollution, which might be able to effect human and animal behaviour. The effects of artificial light can be found by the bad design and inappropriate lighting.(10) Moreover, the obtrusive light can affect the dark sky or night sky(11) because night time environment might be able to be effected by over-light. In the fact, the general problems of light pollution consist of many issues.
Firstly, wasted lighting is resulted by obtrusive Light, which can produce some carbon dioxide emission and high-powered lights produce more carbon dioxide over a year,(12) for example, central California carbon dioxide emissions as a result of light energy loss contribute to global warming.(13) In addition, wasted energy results in a million tons of carbon dioxide pollution that have been being pumped into the atmosphere each year. Include inefficient lighting from homes, businesses, churches and sports facilities, and you begin to comprehend that the wastage is on a massive scale.(14)
Secondly, waste energy lighting from energy consumption for outdoor lighting can result energy losses as a result of light pollution, for example, in the Euro 250 with million inhabitants, the yearly total loss will be around 380 million Euros.(15) So, over lighting and poor lighting results in glare, energy waste, environmental damage, and the waste of taxpayers' money(16) can affect the both of environment as well as economic.
Thirdly, light pollution causes a dangerous situation since it impairs drivers’ vision to the traffic areas. The over light beam, which is light pollution, can cause glare for drivers, partially blinding them and thus lead to unsafe roads.(17) Not only light pollution can be hazardous to drivers, but also cyclists and pedestrians who have to travel on the road, street and high-way.(18) In addition, excessive bright, badly shielded lights and large flashes of lightning can temporarily blind drivers or pedestrians and disorient drivers leading to accidents.(19) Therefore, streetlights as light pollution can affect the human health and safety.
Fourthly, over powered lighting can destroy is also adding to the growing waste from overpowered domestic and external lighting.(20) So, lack of control over lighting leads to light pollution and the lack of control over outdoor and lighting is a major reason why light pollution is such an issue.(21) So, strict controlling measures should be applied to control internal and outdoor power and lighting use, for example, inappropriate application or using of exterior lighting products.
Fifthly, night time star in the dark-sky can be affected by light pollution. Light pollution is an increasing problem threatening astronomical facilities, ecologically sensitive habitats, all wildlife, our energy use as well as our human heritage.(22) Excessive and inappropriate artificial light or urban sky glow can make light pollution, which generally destroy the beauty of the night time environment and good night sky view. Especially, the light pollution not only affects night sky or dark-sky, but also affects astronomers directly because they cannot see and observe many stars and universals. So, light pollution interferes with astronomers’ ability to study and research the sky.(23)
Sixthly, life has emerged with natural patterns of light and dark, so disturbance of those patterns influences numerous aspects of animal behaviour.(24) Light pollution impacts animal behaviour, animal ecosystems, animal life-cycle and wild animals are affected by light pollution(25) , for example, decline in populations of moths, spiders, sparrows, and amphibians.(26) Moreover, various natural animal and life processes can only happen during the night in darkness, for Examples are resting, repairing, celestial navigation, predating or charging of systems.(27) In the fact, the mammals, birds, reptiles, amphibians and fishes might be able to be effected from artificial night lighting, for example, the night light disturbs the owls’ behaviour(28) at the night time.
Finally, light pollution causes problems to human being and environmental health.(29) Many medical researches on the effects of excessive indoor and outdoor light on the human body suggest wide varieties of adverse health effects.(30) For example, the light pollution increased cancer risks(31) because artificial light can disrupt and disturb the body's production of melatonin(32) , which has been linked to cancer in human by interfering with the production of Melatonin in human body at night time.
In the law, there are many areas of law relating to light pollution, such as international law, European law and national law. The light pollution can affect our air and atmosphere directly, for example, carbon dioxide emissions as a result of light energy loss contribute to global warming. Consequently, the light pollution is a reason of the climate change by the global warming. The rise of artificial lighting can make the cost to the environment of wasted light fuel. In the fact that a 100 W artificial lighting bulb left burning though all the hours of darkness in a year causes about a quarter of a ton of carbon dioxide to be emitted by the power station.(33) So, the extra greenhouses gases are produced as well as more atmospheric pollution are created. Impacts of the poor artificial lighting might be able to make climate change and dark-sky change. However, many international organizations attempt to provide legal measures dealing with light pollution protection and prevention relating to climate change, for example, Kyoto Protocol of 1997(34) establishes or sets ceiling for emissions of greenhouse gases and targets for the reduction of greenhouse gases. In addition, not only the Kyoto mechanisms(35) and the economics mechanisms make supply and demand(36) for emission reductions, but UK also is following the Kyoto Protocol of 1997 and the UK's target for the reduction of greenhouse gases (including CO2) was a 12.5% decrease in 1990 levels by 2010. Besides, reducing the amount of electricity used to provide safe and effective levels of lighting for homes, streets and public buildings must be a priority for the UK Government. Conversely, the UK government fails to take the issue seriously and does not consider light pollution in its full context - with its effect on everyone because many effects of light pollution on energy consumption are both undisputed and a source of much disquiet and annoyance for large parts of the population.(37)
In addition, the international environmental organisations generally realise that the Dark-sky should be protected by international environmental bodies and associations for environmental sustainability. Many international environmental bodies and associations impel legal activities in order to provide international legal frameworks, for example, the United Nation (UN) as an international organisation establishes Kyoto Protocol and Kyoto mechanisms as an international agreement linked to the United Nations Framework and Convention on Climate Change industrialized countries and the European community for reducing greenhouse gas (GHG) emissions(38) and the Convention encourages many countries to reduce GHG as well as light pollution directly or indirectly, the United Nations Educational, Scientific and Cultural Organization (UNESCO), founded in 1945, also provide many projects for starlight reservation and activities for world heritage,(39) the International Dark-Sky Association (IDA) is an educational, environmental non-profit dedicated to protecting and preserving the night time environment and our heritage of dark skies through quality outdoor lighting,(40) the International Astronomical Union (IAU), was founded in 1919, set their missions to promote and safeguard the science of astronomy in all its aspects through international cooperation including against light pollution activities(41) and the International Council for Science (ICSU), is a non-governmental organization, mobilises knowledge and resources of the international scientific community to strengthen international science for the benefit of society relating to light pollution impacts on protected areas and light pollution as environmental science.(42)
However, in the real world, many international sustainable policies and international legal frameworks of international environmental bodies relating to anti-light pollution campaigns cannot be successful because the international environmental law and policies lack of real international harmonisation, for example, many problems of tariffs, subsidies and differential tax treatments for many years can affect the carbon tax harmonisation(43) in order to limit changes in GHG concentrations to global temperature by financial measures and economic approaches under the world global warming under Kyoto Protocol.
Moreover, the specific legal measures dealing with light pollution problems are also established at both of European level and national levels. Both of European level and national levels need to not only solve Environmental problems, but also provide legal remedies for many effects from obtrusive or excessive light pollution. At the European level, the European Union establishes the Eco-design Directive 2005/32/EC or the EU directive for eco-design of Energy-using Products (EuP), which sets up sustainable development and business responsibilities(44) for light source and light product industries. In addition the Eco-design Directive 2005/32/EC provides eco-design requirements for energy-using products because eco-design not only purposes to improve the environmental performance of products throughout the life-cycle by systematic integration of environmental aspects at a very early stage in the product design, but also release of hazardous waste or substances to the environment and energy consumption.(45) So, the obtrusive artificial lighting can be controlled by eco-design and industrial production. However, there are many arguments about the Eco-design Directive 2005/32/EC. Firstly, it is an environmental measure to aid under the single market regime in the European level, not an environmental protection measure. Secondly, this Directive needs to make implementing measures, however, if the Directive do not need to adopted or ratified by some European countries, the European legal measures cannot enforce. Thirdly, the Eco-design standard requirements generally apply only big industries concerning with eco-industries and green-business. Conversely, some industries do not need to change production and operation because they have to spend or invest a number of budgets for new eco-production and new eco-machine. So, although this Directive is a good European level provision and good environmental governance for sustainable, competitive and secure Energy, but the Directive probably cannot implement all of artificial lighting industries and the implementation depend on EU directive ratification of each EU countries. Thus, the harmonisation might not be able to found if the EU countries do not follow the maximum harmonisation of the Eco-design Directive.
At the national level, many specific domestic environmental provisions establish specific legal measures relating to light pollution as specific provisions dealing with artificial light of excessive or obtrusive using of street, flood and advertising lighting, which might be able to emit light pollution.
In Czech Republic, became the first country to provide national anti-light pollution(46) and the remedies legislation, which known as the Protection of the Atmosphere Act(47) or the Czech law 2002 (Clean Air Act), on Protection of the Atmosphere, regarding the Light Pollution.(48) This provision was signed on Wednesday, February 27 by the Czech president Vaclav Havel and as should be valid since June 1, 2002.(49) The main legal features of the provision introduce the definition of light pollution as ‘every form of artificial light which is dispersed outside the areas it is dedicated to, particularly if directed above the level of the horizon’. So, the Czech citizens are obliged to ‘take measures to prevent the occurrence of light pollution in the air’ or face to fines of up to £ 2,800. Besides, the provision also establishes light pollution and greenhouse emissions prevention and elimination(50) , which consist of two main legal measures, such as citizens do not have to use artificial lighting outdoors when and where it is not necessary situation and this provision also provide the strict standard of direction, which establishes parameters of luminaries as regard to light pollution and (51) kinds of air pollution.(52)
Similarly, in Italy, the Lombardy Parliament passed a Light Pollution Bill in February 2000(53) which makes it illegal to install light fixtures emitting a light directly above the horizontal, and near amateur and professional observatories all the lighting should be replaced within four years.(54) Not only Lombardy region establishes a specific anti-light pollution provision(55) , but the other regions in Italy also enforce specific law against light pollution, such as Emilia-Romagna, Marche, Lazio, Campania, Veneto(56) , Toscana, Piemonte, Valle d'Aosta, Basilicata, Abruzzo, Umbria, Puglia, Friuli-Venezia Giulia, Liguria, Milano, Roma, Venezia, Firenze, Bologna, Napoli.
Equally, in Republic of Slovenia, on the 30th of August, 2007, the Republic of Slovenia adopted a Light Pollution Law. Over the past 15 years Slovenia has seen a rapid increase in light pollution, and environmental organisations have been striving for the adoption of a suitable Law for over 12 years.(57) Slovenia enacts specific provision against light pollution, which prohibits lighting above the horizon for most luminaries - the main cause of light pollution. Shielded lights also produce fewer glares, improving road safety and increasing visibility. This Slovenia provision not only purposes to reduce the amount of energy used for public lighting protect human being, but also protect biodiversity from light pollution.(58)
In the USA, the innovative state outdoor lighting regulations or legislation because outdoor lighting can be bright enough to degrade the visibility of the night sky, create glare that threatens boating and driving safety, and consume large amounts of energy. Therefore, the both federal and policies which attempt to discourage the energy waste. Many states have their provisions which require each specific provision in each state, for example, California provides Section 7 of SB 5, signed April 2001, amends 25402.5. and establishes control of all outdoor lighting by the California Energy Commission (CEC). The CEC has until 2005 to finalize energy-efficient building standards and in Massachusetts, as early as 1995; several versions of the Massachusetts State Outdoor-Lighting Bill had been introduced to the Legislature. The most recent 2003 version is H 1273, an act to limit outdoor night lighting, conserve energy, and reduce light pollution.(59)
In the present, the light pollution is going to impact the animal life cycles and human being dangerously, for example, sky glow, glare, light trespass, light clutter, decreased visibility at night, and energy waste. However, British government has not specific law dealing with all light pollution control and artificial light control directly. The UK domestic law have not provided or established the specific law dealing with light pollution. However, the UK government provides merely legal measure dealing with planning and statutory nuisance as mention below.
At the local level, the Town and Country Planning Act 1990(60) impose planning conditions where this provision has not authorised local government or local authorities to resolve and investigate light pollution problems, for example, light pollution problems relating to security lighting and Advertising lighting.(61) Besides, although the excessive security light affect environment and emit light pollution, but obtrusive or misdirected security light does not apply to the definition of a statutory nuisance under the Environmental Protection Act 1990.(62) Consequently, the local authorities lack of power to deal with the detrimental impact of light pollution(63) and legislation which restricts the power consumption. However, in October 2002, the Department of the Environment Food and Rural Affairs (DEFRA) produced a wide ranging consultative document ‘Powers, Rights and Responsibilities: Options for Reforming the Legislative Framework’(64) which mentions that the local authorities should be empowered to solve the matters of light pollution problems.
At the central government level, there are many discussions in regulatory controls over light pollution, for example, Baroness Hilton tabled an amendment to include ‘light emitted from premises so as to be prejudicial to health or the environment’ when the Environmental Protection Act 1990 was before Parliament as a Bill.(65) Conversely, this attention was drawn in the DoE Circular 5/94 Planning Out Crime. However, its remarks on lighting two paragraphs which only warn that badly designed and installed security lighting may be a nuisance to neighbours.
So, light pollution and nuisance should be regulated and attracted interest in legal literature. Moreover, many cases and litigation relating to lighting nuisance were found, for example, Bonwick v Brighton and Hove Council, (66) Stone Haven and District Angling Association v Stonehaven Tennis Club(67) and Bacon v Gwynedd CC Tywyn(68) .
Nowadays, although on 7 April 2005 the Clean Neighbourhoods and Environment Bill received Royal Assent following a successful passage through Parliament to become the Clean Neighbourhoods and Environment Act 2005 and section 102 of the Clean Neighbourhoods and Environment Act 2005(69) has provided certain forms of light subject to statutory nuisance control, but the main aspect of this provision purposes to deal merely with many scopes of the problems affecting the quality of local environment - which forms part of a continuum with anti-social behaviour, vandalism, disorder and levels of crime.(70) However, specific legal measures relating to light pollution as specific provisions only have not been established. In addition, there are three main problems with the Clean Neighbourhoods and Environment Act 2005.
Firstly, the legal measures of light pollution protection have been established by the general environmental law. The elements of excessive or obtrusive artificial light in England are subject to the general environmental statutory nuisance, for example, the Clean Neighbourhoods and Environmental Protection Act 2005 section 102 mentions that ‘artificial light emitted from premises so as to be prejudicial to health or a nuisance.’ (71) The provision is diluted by the defence availability of "best practical means" to light emitted from "industrial, trade or business premises, or "the purpose only of illuminating an outdoor relevant sports facility". (Section 103 (2 b) inserting a new section 80(8) (as amended) to the Environmental Protection Act 1990)(72) So, in the exception in the cases of the artificial light is emitted from industrial, trade or business premises or the artificial light (not being light to which the artificial light is emitted from industrial, trade or business premises applies) is emitted by lights used for the purpose only of illuminating an outdoor relevant sports facility can decrease the real light pollution emission. Although all consumer lighting is covered, but the exclusion of the artificial light is emitted from industrial, trade or business premises or the artificial light (not being light to which the artificial light is emitted from industrial, trade or business premises applies) is emitted by lights used for the purpose only of illuminating an outdoor relevant sports facility can decrease the real light pollution emission. Therefore, the English provision cannot provide justification for light pollution control in all nuisance situations.
Secondly, the scope of lighting covered so as to exclude public sector lighting such as street lighting is quite simply wrong, as this excludes a major cause, if not the major cause, of light-based nuisance. So, this problem shows that failure to bring street lighting within remit of the law will not provide any incentive to public authorities to minimize nuisance light and save taxpayer’s money from obtrusive or misdirected lighting of Highways Agency or Local High Way Agency.
Thirdly, this provision does not provide the street lighting by modern lighting design, which means that the UK government had failed to address the issues of energy waste and disquiet and annoyance caused by light pollution.(73) In addition, there is not provision for the way of banning the sale of 500-watt floodlights as security light or the inclusion of certain forms of light in the list of statutory nuisances. Conversely, in the unique European level protection from artificial lighting, the EU directive for eco-design of Energy-using Products (EuP), Directive 2005/32/EC(74) provides with consistent EU-wide rules for improving the environmental performance of energy related products.(75) Energy related products (the use of which has an impact on energy consumption) account for a large proportion of the energy consumption in the EU and include energy-using products (EUPs)(76) and other energy related products (ERPs)(77) Therefore, the Directive establishes good design production which can decrease obtrusive light and light pollution at European level.
In conclusion, obtrusive or excessive light beam can affect to the environment because the pervasive nature of artificial light can make light pollution, which might be able to effect human and animal behaviour. Therefore, the British government should provide specific legal measure dealing with obtrusive light pollution in the future. The UK should follow other national and regional responses in order to national anti-light pollution, for example, Czech Republic, Lombardy of Italy, Republic of Slovenia and the USA.
Footnote
1. Four areas of unwanted, and wasted, light can be classified in four areas, such as Spill light, Upward light, Upward reflected light and Direct glare. See website: http://www.ealing.gov.uk/services/environment/pollution/light/
2. Morgan-Taylor, M. and Huges D., Exterior Lighting as a Statutory Nuisance, (2005) J.P.L., Sep, 1131-1144.
3. There are three levels of glare, such as blinding glare, disability glare and discomfort glare. See Mizon, B., Light Pollution Responses and Remedies- Petrick Moore’s practical Astronomy series, Springer-Verlag London Limited, London, 2002, page 55.
4. Morgan-Taylor, M., Light Pollution and Nuisance: The Enforcement Guidance for Light as a Statutory Nuisance, (2006) J.P.L., Aug, 1114- 1127.
5. Narisada, K. and Schreuder, D., Light Pollution Handbook, Springer, Netherlands, 2004, pages 4-18.
6. Light pollution, See website: http://www.ealing.gov.uk/services/environment/pollution/light/
7. Mizon, B., Light Pollution Responses and Remedies- Petrick Moore’s practical Astronomy series, Springer-Verlag London Limited, London, 2002, page 37-38.
8. ‘Light pollution is probably best described as artificial light that is allowed to illuminate, or intrude upon, areas not intended to be lit.’ Light Pollution See website: http://www.environmental-protection.org.uk/neighbourhood-nuisance/light-pollution/
9. Artificial Light in the Environment, The Royal Commission on Environmental Pollution See website: http://www.rcep.org.uk/reports/sr-2009-light/sr-light.htm
10. Artificial Light in the Environment, The Royal Commission on Environmental Pollution See website: http://www.rcep.org.uk/reports/sr-2009-light/documents/RCEP_artificiallight.pdf
11. Light Pollution, No. 44 - Fall 1998 See website: http://www.astrosociety.org/education/publications/tnl/44/lightpoll.html
12. Controlling light pollution, IAU Commission 50 at work See website: http://www.iau.org/public/light_pollution/
13. Light Pollution and Greenhouse Gas in Central California, Skykeepers, skykeepers.org founded September 1, 1999 See website: http://www.skykeepers.org/lpghgcc.html
14. Lighting is still in the Dark Age, BBC News, Thursday, 17 August 2006 See website: http://news.bbc.co.uk/1/hi/sci/tech/4794249.stm
15. Narisada, K. and Schreuder, D., Light Pollution Handbook, Springer, Netherlands, 2004, page 16.
16. Light Pollution See website: http://www.ast.cam.ac.uk/~ipswich/CfDS/Light_Pollution.htm
17. Preserving the Dark: Advocating Against Light Pollution at the American Medical Association by Mario Motta, ASTRONOMY BEATASTRONOMY Number 36 • November 16, 2009 See website: http://www.darkskiesawareness.org/files/AstronBeat-AMA.pdf
18. General Information on Light Pollution Awareness & Abatement, What is Light Pollution? See website: http://www.telusplanet.net/public/hgibbins/lightpollution/whatisit.htm
19. Tips for Driving In Rain See website: http://www.smartmotorist.com/driving-guideline/tips-for-driving-in-rain.html
20. What is light pollution? See website: http://www.dark-sky-lighting.co.uk/light-pollution.asp
21. Lack of Control Over Lighting Leads to Light Pollution, See website: http://www.nightsymposium.org/lack-of-control-over-lighting-leads-to-light-pollution
22. Feathered Sponsor See website: http://www.astronomerswithoutborders.org/index.php/support-awb/featured-sponsor.html
23. How does light pollution affect astronomers?, Curious About Astronomy?. See website: http://curious.astro.cornell.edu/question.php?number=194
24. Longcore, T. and Rich, C., Ecological light pollution. Front Ecol Environ 2004; 2[4]: 191– 198.
25. See Light Pollution and Animal Behavior See website: http:// www.starlight-theatre.ca/images/LP-ANIMALS.PDF
26. ‘In UK, large moth species declined by 1/3 in 28 years & some species by up to 98%’ what is Light Pollution? See website: http://www.darkskiesawareness.org/files/LP%20cards_v17-04-09.pdf
27. LIGHT POLLUTION AND THE IMPACTS ON BIODIVERSITY,SPECIES AND THEIR HABITATS by P. DEDA, I. ELBERTZHAGEN, M. KLUSSMANN See website: http://www.starlight2007.net/pdf/proceedings/P_Deda.pdf
28. See Rich, C. and Longcore, T., Ecological Consequences of Artificial Night Lighting, Inland Press, Washington DC, 2006, PART II. BIRDS and Marin, C. and See Jafari, J., StarLight A COMMON HERITAGE, Instituto de Astrofísica de Canarias – (IAC), Canary Islands, 2007.
29. Light Pollution See website: http://www.windows.ucar.edu/tour/link=/the_universe/light_pollution.html&sw=f
30. ibid
31. Medical Problems See website: http://www.britastro.org/dark-skies/health.html
32. Melatonin See website: http://www.umm.edu/altmed/articles/melatonin-000315.htm
33. Mizon, B., Light Pollution Responses and Remedies- Petrick Moore’s practical Astronomy series, Springer-Verlag London Limited, London, 2002, page 44-45.
34. ‘The Kyoto Protocol to the United Nations Framework Convention on Climate Change (UNFCCC) is an international agreement linked to the United Nations Framework Convention on Climate Change. The major feature of the Kyoto Protocol is that it sets binding targets for 37 industrialized countries and the European community for reducing greenhouse gas (GHG) emissions .These amount to an average of five per cent against 1990 levels over the five-year period 2008-2012.‘ Kyoto Protocol. See website: http://unfccc.int/kyoto_protocol/items/2830.php
35. Mechanism consist of Emissions trading – known as “the carbon market”, Clean development mechanism (CDM) and Joint implementation (JI).
36. Faure, M., Gupta, J., Nentjes, A., Climate change and the Kyoto protocol: the role of institutions and instruments to control global , Edward Elgar Pub, Cheltenham, 2003, page 27.
37. BACKGROUND, The extent and nature of light pollution, Select Committee on Science and Technology Seventh Report See website: http://www.publications.parliament.uk/pa/cm200203/cmselect/cmsctech/747/74706.htm
38. ‘Light pollution and light trespass represent unnecessary greenhouse gas production. Binding targets for reductions in greenhouse gas emissions were agreed for the first time by major industrial nations meeting at the United Nations Climate Change Conference in Kyoto in December 1997.’ Guidelines for the reduction of light pollution
See website: http://www.maltastro.org/lpag/
39. UNESCO World Heritage Centre - International Workshop and Expert on Starlight Reserves and World Heritage held in Fuerteventura, Spain See website: http://whc.unesco.org/en/news/507
40. Frequently Asked Questions, See website: http://www.darksky.org/mc/page.do?sitePageId=61045&orgId=idsa#Q:WhatistheInternationalDark-SkyAssociationWhatdoyoudoWhatareyourgoals
41. About the IAU See website: http://www.iau.org/about/
42. About ICSU See website: http://www.icsu.org/5_abouticsu/INTRO.php
43. See Aftet Kyoto: Alternative Machanisma to Control Global Warming By William D. Nordhaus Edited by John Gershman, March 25, 2006 See website: http://www.fpif.org/reports/after_kyoto_alternative_mechanisms_to_control_global_warming
44. Ecodesign - reference documents, See website: http://ec.europa.eu/enterprise/policies/sustainable-business/documents/eco-design/
45. Legislation: Directive 2005/32/EC establishing a framework for the setting of ecodesign requirements for energy-using products and amending Council Directive 92/42/EEC and Directives 96/57/EC and 2000/55/EC See website: http://www.managenergy.net/products/R535.htm and Energy policy for a competitive Europe See website: http://ec.europa.eu/energy/index_en.htm
46. Huges, D. and Morgan-Taylor, M., Can't Look up and See the Stars, (2004) 16 JEL 2, 215-232.
47. ibid
48. Night Environment Pollution and the Remedies through Legislation and Technology, in Czech and in general See website: http://www.astro.cz/darksky/
49. The Czech Act on Protection of the Air, including Light Pollution prevention, See website: http://www.astro.cz/darksky/czairlaw3.htm
50. Fighting light pollution is not a hopeless task, but it requires backyard astronomers to get active politically by MICHAEL E. BAKICH, See website: http://www.astronomy.com/asy/objects/pdf/alp0604.pdf
51. Relevant parameters of luminaries, as regards light pollution and efficiency See website: http://amper.ped.muni.cz/light/EuP/lp_fixt_par.htm
52. New Czech Republic national law prohibits light pollution, Monday, March 18, 2002 See website: http://www.spaceref.com/news/viewpr.html?pid=7781 and See ESKOM and light pollution, http://www.projectnightsky.org.za/docs/CzechRepublic.pdf
53. L.R. Lombardia 17/2000 updated with D.G.R. Lombardia 2611/2000, L.R. Lombardia 38/2004 and the Regulations D.G.R. Lombardia 7/6162/2001.
54. Huges, D. and Morgan-Taylor, M., Can't Look up and See the Stars, (2004) 16 JEL 2, 215-232.
55. ‘ 1) Provisions should be applied in the entire territory without ineffective subdivisions in “protected areas” or poorly defined zoning because light pollution propagates very far from sources.
2) Provisions need to be clearly applied to any NEW lighting installation, both public and private.
3) Light pollution due to reflection by lighted surfaces should be limited by forbidding over-lighting and enforcing the use of flux reducers at the proper time or the shut off whenever possible. When a standard rule for safety exists, the average luminance or luminance should not surpass the minimum value required for safety (e.g. road, walking areas, and working areas). For other kinds of lighting a maximum luminance of 1 cd/m^2 should be permitted (e.g. building lighting).
4) Limitation of direct upward emission produced by fixtures in any direction above the horizon, should be obtained by using a parameter depending on the direction of the light and not on the integrated light flux. A good parameter is the light intensity per unit of flux emitted by the light installation, in cd/klm. The light emissions at small angles above the horizon (the first 45 degrees) should be limited very carefully because they are the most effective in producing the adverse affects of light pollution.
5) The direct upward light emission of fixtures should be limited to 0 cd per 1000 lumens of flux emitted by the fixture, in any direction above the horizon (gamma angle equal or greater than 90 degrees) for almost any kind of lighting installation. A tolerance of 0.49 cd/klm is allowed in practice, because the limit is given as an integer number and then the measurements can be approximated to the nearest integer.
6) Building and monuments should be lighted from top to bottom, with the same limits given above for the upward lighting emissions, except in cases of proved impossibility (in this case it should be permitted to light from bottom but the border of the light beams should remain inside the boundaries of the lighted surface).
7) Lighting installations for large areas should complain to the same limits above (point 5).
8) Only lamps with the larger efficiency available for the requested use should be used. They save energy and produce less light pollution outside the photonic band and inside the scotopic band.
9) Upward directed light beams, beacons and similar luminous calls should be prohibited, even because they distract car-drivers and endanger the road safety.
10) Penalties for not compliant installations should be proportional to the number of fixtures.
11) The existing installations producing huge quantities of light pollution or belonging to the most polluting categories should be adapted.
12) The lighting design made by a professional lighting engineer should be mandatory for any lighting installation (except low power home installations with less than 5 fixtures). It should be completed with the photometries of fixtures in standard EULUMDAT format and a report demonstrating the numerical compliance with these rules.’ Light Pollution in Italy Inquinamento luminoso in Italia by Pierantonio Cinzano See website: http://www.inquinamentoluminoso.it/cinzano/en/page95en.html
56. ‘Regione Veneto was the first Italian region to enforce a law against light pollution in 1997. Being the first, the law had room for future improvement. One area that needed improvement allowed up to 3% direct upward flux from luminaries. After more than 10 years (and in the International Year of Astronomy) Veneto is substantially upgrading its laws and the new law now recognizes the importance of 0% upward-directed flux, as in ten other Italian regions, starting from the most populated one: Lombardy.’ See Regione Veneto in Italy approves a law promoting no upward-directed light!, See website: http://www.darkskiesawareness.org/veneto-law.php and See website: http://www.lightpollution2009.eu/index.php?option=com_content&view=article&id=72:veneto-italy-new-light-pollution-law-no-upward-light
57. The Government of the Republic of Slovenia Passes a Light Pollution Law See website: http://www.britastro.org/dark-skies/slovenia.html
58. Slovene Light Pollution Law—adopted on 30 August 2007, An unofficial, shortened summary of the final version (prepared by Andrej Mohar on 9 September 2007) See website: http://www.darkskiesawareness.org/slovene-law.php
59. Innovative State Legislation, ISSUE: DARK SKIES, See website: http://www.serconline.org/darkSkies.html
60. The Town and Country Planning Act 1990 CHAPTER 8, See website: http://www.opsi.gov.uk/acts/acts1990/UKpga_19900008_en_1.htm
61. Huges, D. and Morgan-Taylor, M., Can't Look up and See the Stars, (2004) 16 JEL 2, 215-232.
62. ibid
63. Our Energy Future: Creating a low Carbon Economy (2003) Cm 5761, Department of Trade and Industry (London: DTI).
64. DEFRA (London, 2002).
65. Huges, D. and Morgan-Taylor, M., Can't Look up and See the Stars, (2004) 16 JEL 2, 215-232.
66. Unreported, August 9, 2000, County Court Claim no, BN 906 721
67. Unreported, January 1997, Stonehaven Sherriff’s Court
68. Unreported, December 2004, case no.AB 300050, concerning sports ground lights
69. In 2002 a review of the legislative framework for providing and maintaining a clean and safe local environment was carried out by DEFRA to accompany the cross-Government report Living Places - Cleaner, Safer, Greener. The review found that the powers, duties and guidance for dealing with problems associated with local environmental quality were not working as effectively as they should be, and produced options for delivering changes. These options were contained in the consultation paper Living Places - Powers, Rights, Responsibilities launched at the Urban Summit on 31 October 2002. Some were introduced into legislation in Part 6 of the Anti-social Behaviour Act 2003. The majority of the options were developed further and included as proposals for legislative action within the Clean Neighbourhoods consultation launched on 25 July 2004.
70. Clean Neighbourhoods and Environment Act
See website:http://www.defra.gov.uk/environment/quality/local/legislation/cnea/
71. ‘The Clean Neighbourhoods and Environment Act 2005 makes light nuisance subject to the same criminal law as noise and smells. It applies to "artificial light emitted from premises so as to be prejudicial to health or a nuisance". (section 102, Clean Neighbourhoods and Environment Act, which amends section 79 of the Environmental Protection Act 1990).’ See Light pollution now subject to the criminal law of statutory nuisance by Martin Morgan Taylor, Department of Law, de Montfort University, Leicester and Bob Mizon, Co-ordinator, BAA Campaign for Dark Skies See website: http://www.britastro.org/dark-skies/cleanact.html
72. ibid
73. Morgan-Taylor, M. and Huges D., Exterior Lighting as a Statutory Nuisance, (2005) J.P.L., Sep, 1131-1144.
74. ‘The EuP Directive 2005/32/EC establishes a framework for the setting of eco-design requirements for energy-using products. It was recast in 2009 as the Eco-design Directive 2009/125/EC. It aims to improve the environmental performance of products throughout the life-cycle, by systematic integration of environmental aspects at a very early stage in the product design. The Directive was transposed into UK law under Statutory Instrument (SI 2007 No:2037) and came into force on 11 August 2007. Measures are enforced by the National Measurement Office (NMO).’ Energy-Using Products (EuP) See website: http://www.berr.gov.uk/whatwedo/sectors/sustainability/eup/page38894.html
75. Ecodesign See website: http://ec.europa.eu/enterprise/policies/sustainable-business/sustainable-product-policy/ecodesign/
76. ‘Energy-Using Products (EUPs), which use, generate, transfer or measure energy (e.g. electricity, gas, fossil fuel), including consumer goods such as boilers, water heaters, computers, televisions, and industrial products such as transformers, industrial fans and industrial furnaces.’, ibid
77. ‘Other Energy Related Products (ERPs) which do not necessarily use energy but have an impact on energy and can therefore contribute to saving energy, such as windows, insulation material or bathroom devices (e.g. shower heads, taps).’, ibid
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