FOR some time, legal minds in the Philippines were in a bit of a quandary about noise pollution. Some argued that Republic Act (RA) 8749, or the 1999 Clean Air Act, defines air pollutant as any matter that is detrimental to health like dust, soot, cinders, fly ash, etc. Since noise is not matter but energy, it is not legally actionable. But it is good, the same Clean Air Act classifies noise as an emission, i.e., unwanted sound from a known source which is passed into the atmosphere and, therefore, actionable.
Though interrupted by the coronavirus health crisis, light pollution could emerge in the “new normal” as a global environmental problem considering continuing “wonders” in light technology development we read about and see on TV and portable screens nowadays.
What is light pollution?
Light pollution is the anthropogenic and artificial light in the environment especially during nighttime exacerbated by excessive, misdirected or obtrusive use of light which fundamentally alters natural conditions. As a major side effect of urbanization, light pollution is blamed for compromising health, disruption of ecosystems and spoiling the aesthetic environment.
The old reliable National Geographic confirms light pollution is an offshoot of industrial civilization. Its sources range from building exterior lighting, e.g., advertising billboards, car parks, streetlights, illuminated sporting venues, etc., to interior lighting, e.g., offices, factories, indoor entertainment events and others.
Categories of light pollution
Specific types of light pollution identified in the US, Europe, Japan and in the major cities of the Middle East and North Africa include, but is not limited to, light trespass, over-illumination, glare, light clutter and sky glow.
Light trespass occurs when unwanted light enters one’s property by shining over a neighbor’s fence. Over-illumination or excessive use of light is evident in improper light designs specifying higher levels of light than needed for a given visual task. Daylight lighting demanded by citizens to reduce crime or by shop owners to attract customers is another example of over-illumination.
Glare from bad lighting is a public health hazard, too. An example is blinding lights from oncoming vehicles. In reality, bright and/or badly shielded lights around roads can partially blind drivers or pedestrians and can contribute to accidents.
Light clutter is excessive grouping of lights noticeable on roads where the streetlights are badly designed or where brightly lit advertisements surround the roadways.
With the future increase in the number of satellite constellations, it is even feared by the astronomical community that light pollution will considerably increase along with problems of satellite overcrowding.
Light pollution
and its health impacts
Light pollution does not only affect human beings. It also has adverse health effects on plants and animals. Aside from disrupting ecosystems, light pollution poses a serious threat to nocturnal wildlife and negative impacts on plant and animal physiology. It can confuse migratory patterns of birds and animals, alter competitive interactions of wildlife, change predator-prey relations and cause physiological harm.
In fact, the rhythm of life is orchestrated by the natural cycle patterns of light and dark in such a way that disruption to these patterns impact the ecological dynamics. When humans, for example, are exposed to light while sleeping, melatonin (a natural hormone produced by a small gland in the brain that regulates the body’s sleep-wake cycle) production can be suppressed. This can lead to sleep disorders and health problems, medically defined as stress, headaches, increased anxiety, work fatigue and even some forms of obesity. Connections are also being identified to some types of cancer. More common are negative visual intrusion impacts of glare on aging eyes due to brightness of colors emanating from TV screens.
Light pollution
control legislation
The 1980s saw the emergence of light pollution control laws particularly in the US. Referred to as “dark skies” legislation, its main purpose is to promote energy conservation, public safety, aesthetic interests and astronomical research capabilities.
The most common dark skies law requires installation of shielded light fixtures which emit light only downward. Other laws require the use of low-glare or low-wattage lighting and regulated amount of time that certain lighting can be used. Some states made it a priority to preserve dark skies as a feature of rural character as in New Hampshire. In Florida, a statewide model lighting ordinance guides local governments in developing policies to protect hatching sea turtles.
Texas is the only state with a law in place specifically aimed at reducing light pollution around military installations.
Considered as the country with the most outstanding light pollution control legislation is Croatia, which adopts “ecology lighting.” Simply explained, ecology lighting is highlighted by proper design of lighting through compulsory lighting plans before installation. It prohibits sky beams, uplighting and external illumination of doors and windows, and illuminated signs whose correlated color temperature exceeds a designated limit in sensitive places. Screening of interior lights to prevent outdoor light pollution is required and, although permitted, architectural façade lighting must be strictly confined to building faces and cannot spill beyond those surfaces.
Light pollution control ordinance via people’s initiative
So far, there is no Philippine legislation specifically addressing light pollution control. Early on, under the Civil Code (RA 386 as amended in 1950), light pollution may fall under the classification of nuisance as it injures or annoys, endangers or offends the senses. Currently, the closest to light pollution would be on the topic energy as exemplified by the 2019 Energy Efficiency and Conservation Act (RA 11285). Worthy of mention though is the provision in the Fisheries Code (RA 8550,1998 as amended) which makes it unlawful to engage in fishing in municipal waters with the use of superlights.
Actually, the first recourse of anyone affected by excessive or obtrusive use of light is to make a complaint before barangay officials in accord with the Local Government Code. In that connection, local government units (LGUs) can resort to light pollution control ordinance by making use of the 1991 Local Government Code (RA 7160) provision on “promotion of the general welfare ... promote health and safety ... preserve the comfort and convenience of their inhabitants ...” to combat the negative impacts of community light pollution (Sec. 16). LGUs could tie up the General Welfare clause with the legal process called Local Initiative in Sec. 120 of the same Local Government Code.
Local Initiative is the legal process whereby the registered voters of an LGU may directly propose or enact an ordinance for the general welfare of the inhabitants. The Code lays down in detail how to go about proposing the adoption or enactment of an ordinance like one the objective of which is to curb community light pollution — from the form of petition to the detailed procedure to be undertaken by the registered voters and on to the effectivity of the locally approved proposition.
On the scientific aspect of light pollution, LGUs could be assisted in the formulation of the community light pollution ordinance via initiative by environment-oriented or related government agencies like the Department of Science and Technology, Department of Energy, Department of Environment and Natural Resources, Department of Health, among others.
Aside from an ordinance, community light pollution could also be addressed by local zoning restrictions and licensing requirements.
