The document presents a comparative study of light pollution laws in the US and the UK, highlighting the necessity of outdoor lighting and its associated environmental impacts. It details various forms of light pollution, legal frameworks governing light management, and specific statutes designed to mitigate such issues in England, Wales, Scotland, and the US. The study prompts discussions on legal solutions and the potential for new legislation in Germany regarding light pollution.

1. A comparative study of
the light pollution control laws
of the US and the UK
Pedithep Youyuenyong LL.B. LL.M.
Recipient of the British Astronomical Association's Campaign
for Dark Skies Support Fund & the Chiang Mai University
Professional Lecturers’ Development Scholarship
ALAN 2013
Berlin, October 28-30, 2013
The 1st International Conference on Artificial Light at Night

2. Necessary Outdoor Lighting
• Lighting is necessary for daily lives.
• Outdoor lighting has become a necessary
integral part of society.
• Outdoor light at night provides valuable
benefits; it is something that we
deliberately seek and can be an essential
aid to safety, for example, security lights,
floodlights, street lighting and advertising
lighting.

3. What is Light Pollution?
• Light in the wrong place at the wrong
time can be excessive or intrusive.
• Increased use of outdoor lighting has
resulted in environmental problems.
• Light pollution can be described as
artificial light allowed to illuminate, or
pollute, areas not intended to be lit.

4. How many types of light
pollution are there?
• Light pollution can take various forms, and
may originate from both diffuse and point
sources:
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Glare - the uncomfortable brightness of a light source when
viewed against a darker background.
Sky glow - the pink or orange glow we see for miles around
towns and cities caused by a scattering of artificial light by
airborne dust and water droplets.
Light trespass - light spilling beyond the boundary of the
property on which a light is located, sometimes shining through
windows and curtains.

5. Types of Light Pollution
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Glare
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Urban Sky Glow
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Trespass
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Florida Atlantic University, Department of Physics. (2013). The Problems of Light Pollution
-- Overview. http://physics.fau.edu/observatory/lightpol.html

6. Light pollution types
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Travis Longcore & Catherine Rich, 'Ecological Light Pollution', Frontiers
in Ecology and the Environment , 2004 2 (4), pp 191-198.

7. How light pollution can
affect the environment?
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Astronomical Light Pollution
Ecological Light Pollution
Light Pollution & Crime
Light Pollution & Energy

8. The UK Light Pollution Laws
• The Clean Neighbourhoods and
Environment Act 2005 (England and
Wales)
• The Public Health etc (Scotland) Act
2008
• The English & Scottish laws introduced
new statutory nuisances relating to
artificial light pollution.

9. [I] Clean Neighbourhoods and Environment
Act 2005 (England and Wales)
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Section 102 Statutory nuisance: lighting
(1) Section 79 of the Environmental Protection Act 1990 (c. 43) is amended as
follows.
(2) In subsection (1) (matters constituting statutory nuisances) after paragraph (fa)
(as inserted by section 101(2)) insert—
“(fb) artificial light emitted from premises so as to be prejudicial to
health or a nuisance;”.
(3) In subsection (2) (exception from subsection (1)(b) and (g) for premises
occupied for defence purposes) after “Subsection (1)(b)” insert “, (fb)”.
(4) After subsection (5A) (as inserted by section 101(3)) insert—
“(5B) Subsection (1)(fb) does not apply to artificial light emitted from—
(a) an airport;
(b) harbour premises;
(c) railway premises, not being relevant separate railway premises;
(d) tramway premises;
(e) a bus station and any associated facilities;
(f) a public service vehicle operating centre;
(g) a goods vehicle operating centre;
(h) a lighthouse;
(i) a prison.”

10. [II] Public Health etc. (Scotland) Act 2008
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Section 110 Artificial light nuisance
(1) Section 79 of the 1990 Act is further amended as follows.
(2) In subsection (1), after paragraph (fb), insert—
“(fba) artificial light emitted from—
(i) premises;
(ii) any stationary object,
so as to be prejudicial to health or a nuisance;”.
(3) In subsection (2)—
(a) after “(1)(b)” insert “, (fba)”;
(b) after “premises” insert “(or, in respect of paragraph (fba)(ii) above, a stationary
object located on premises)”.
(4) After subsection (5B), insert—
“(5BA) Subsection (1)(fba) above does not apply to artificial light emitted from a
lighthouse (within the meaning of Part 8 of the Merchant Shipping Act 1995
(c.21)).”

11. [III] Northern Ireland Jurisdiction
• There is currently no legislation in
Northern Ireland covering nuisance
from artificial light.

12. The US Light Pollution Laws
• [i] Model Law: JOINT IDA - IES MODEL
LIGHTING ORDINANCE (MLO) with
USER’S GUIDE
• [ii] Many municipalities have adopted
model law designed to limit light
pollution from light design and fixtures.

13. [i] Model Law: JOINT IDA - IES MODEL
LIGHTING ORDINANCE (MLO)
with USER’S GUIDE
• Zoning: Recommended Uses or Areas + Zoning
Considerations Example Low ambient lighting,
Moderate ambient lighting & High ambient lighting.
• Curfew: Benefits include reduced environmental
impact, longer hours of improved astronomy, energy
savings, and improved sleeping conditions for
residents. Example 11 pm - 6am.
• Fixtures & Design: Example Light Shielding Fixtures
& Old-fashioned light bulbs banned by local laws.

14. [ii] U.S. Municipal Light Pollution
Laws (example)
• Arizona Revised Statutes, Title 49 - The
Environment, Chapter 7
• 49-1101 Definitions 49-1102 Shielding of
outdoor light fixtures; exemptions 49-1103
Nonconforming light fixtures 49-1104 Use of
mercury vapor light fixtures 49-1105 Airport
lighting 49-1106 Exemption of cities, towns
and counties
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Arizona State Legislature, Title 49 - The Environment,
http://www.azleg.state.az.us/arizonarevisedstatutes.asp?title=49

15. A comparative study
Light Pollution
Reduction
Requirements
UK Jurisdictions
(England, Wales &
Scotland)
US Jurisdictions
(State, Town, county)
Trespass or nuisance
claims under the common
law have been
inconsistent and
insufficient.
Yes
Yes
Statutory Light
Nuisance
Yes
No
Model Law
No
Yes
Municipal Light
Pollution Laws
No
Yes
Special legal
requirements for light
pollution control
No
Yes

16. Discussions?
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How can we find legal solution and ideas on how best to deal
with light pollution in the UK, US and Germany?
Is light pollution considered a serious environmental problem in
Germany jurisdiction?
Do the German Federal, Regional and Local Laws apply to all of
light pollution aspects ? For example, German Constitutional Law (Grundgesetz GG), Federal Control of Pollution Act (Bundes-Immissionsschutzgesetz - BImSchG ) ,
Federal Nature Conservation Act (Bundesnaturschutzgesetz - BNatSchG), Animals
Protection Act (Tierschutzgesetz - TierSchG), and Federal Forest Management Act
(Bundeswaldgesetz - BWaldG).
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How does the principles of light pollution control become a new
German Light Pollution Law ?

17. The light pollution maps of
the US, the UK & Germany
Cinzano et al (2001)
Campaign to Protect Rural
England (2013)
Andrew Cool (2007)

18. Selected References
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[1] Department for Environment Food & Rural Affairs. (2010). An investigation into
artificial light nuisance complaints and associated guidance. London: Department for
Environment Food & Rural Affairs.
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[2] Department for Environment Food & Rural Affairs. (2010). The Royal Commission on
Environmental Pollution (RCEP) report on artificial light in the environment. London:
Department for Environment Food & Rural Affairs.
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[3] Department of Economic and Social Affairs. (2011). Population Distribution,
Urbanization, Internal Migration and Development An international perspective. New
York: United Nations.
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[4] Department of Environment & Countryside Commission. (1997). Lighting in
countryside: Towards good practice. London: Department of Environment and
Countryside Commission.
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[5] Department for Transport. (2011). Conspicuity marking requirements on goods
vehicles. London: Department for Transport.
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[6] House of Commons Science & Technology Committee. (2003). Light pollution and
astronomy. London: The House of Commons.
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[7] HÄNEL, A., (1999). The Situation of Light Pollution in Germany. In R: J: Cohen & W. T.
Sullivan III (eds.), Preserving the Astronomical Sky, Proc. 196th Symposium of the IAU:
142-146.