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A very interesting article on light
pollution appeared in the Summer 2002 New England Law
Review:
http://www.nesl.edu/lawrev/Vol36/36-4/Ploetz.pdf The article runs over 50 pages, but 1/2 to 2/3 of each page is given over to footnotes, so it's not that long a read if you can skip them. But some of the footnotes are fascinating--including, for example the fact that electric lighting led to trespass litigation as far back as the 1920s! Much of the article is devoted to the common-law basis for such litigation and the differences between the "nuisance" and "trespass" approaches. Notice is taken of the numerous local laws endeavoring to deal with the problem, and author goes on to note that "There are a few pioneer states that have enacted statewide or partially statewide light pollution or light reduction statutes." Another writer is quoted in pointing out that "There are several parallels to be drawn between light pollution and noise [pollution], which occupied a similarly uncertain territory prior to 1960. … Light has the potential to cause distress and is an equally insidious pollutant. Noise and light are both intangible and ephemeral. … It is the perception of the relative degree, frequency and effect of the problem which causes noise pollution to be more regulated than light pollution rather than any technological differences." The author concludes: "Now is the time for the federal government to become 'enlightened' about the potential scope of this growing national problem by funding initial research and providing public education about light pollution." Gail |