Victor: It's hard for me to imagine a fight against light pollution - I can already see comments about lowering safety and "retreating to caves." What problems do you face in discussing this problem?
Catherine: I have the impression that in general the problem of environmental protection, which includes combating various environmental pollutants and involves adaptation to climate change, is difficult in Poland on a social and political level. In my opinion, this is related, among other things, to the incorrect interpretation and application of the constitutional principle of sustainable development, which in its essence provides for the harmonization of the three pillars: social, environmental and economic.
This "harmonization" can mean that in a legitimate case primacy should be given to one of these pillars, because in a particular situation they cannot be reconciled with each other. Unfortunately, the practice of lawmaking and application in Poland still lacks the "reality" of sustainable development. The legislator does not create "hard" tools for enforcing this principle, while public administration bodies and administrative courts make shy reference to it in their decisions.
The principle of sustainable development also applies to outdoor lighting infrastructure, and should be taken into account both at the stage of deciding on the direction of development of outdoor lighting infrastructure, as well as its design, implementation and operation. The issue of lighting public spaces is particularly sensitive, because, as I have already mentioned, after all, it is not only about aesthetic and marketing issues, but also about utility.
Indeed, here the argument of public safety falls. There are two issues at stake: the safety of road, bicycle and pedestrian participants, and the fear of crime. Here it should be strongly emphasized that countering light pollution is not about "making it dark" (at least in populated or frequently used areas). The goal is to adapt lighting standards to the function and use of the area in question, i.e. diversification.
This, in turn, requires public authorities to take what I collectively call "sustainable outdoor lighting policy," as the lighting needs of highly urbanized areas or those with so-called critical infrastructure are different, while those of less densely populated areas or special areas with established forms of nature conservation are different.
The problems that arise in discussions about light pollution are varied. Sometimes it is a simple lack of knowledge and awareness, as this problem still receives too little attention in the public debate. Great successes in raising public awareness have been recorded by the Polaris-OPP Association from Sopotnia Wielka, which implements the Dark Sky Protection Program. In 2022, the Association initiated the Light Pollution Think Tank, which resulted, among other things, in the publication of a multidisciplinary guidebook entitled "Light Pollution. "Light Pollution. Identification and Problems," which describes in a very accessible way the nature, causes and effects of the phenomenon, while indicating how it can be reduced. Much worse than the lack of knowledge, however, are the mental barriers that manifest themselves in openly ignoring environmental problems.
Wiktor: What problems do policymakers see in the fight against pollution?
Catherine: The management of public outdoor lighting infrastructure rests primarily with local government representatives. Here I most often encounter three problems, with the first two being universal in nature.
First, the lack of ideas and creativity in the management of public space, including outdoor lighting infrastructure, which is often due to the lack of professional clerical staff.
Secondly, the financial problem - replacing or upgrading outdoor lighting infrastructure equipment is an extremely expensive undertaking, although I believe that here external sources of funding, including from the European Union, can be successfully sought.
Third, the lack of a clear and comprehensive legal regulation that would enable the formation and implementation of a sustainable outdoor lighting policy in Poland. In my opinion, this is the most serious problem.
Wiktor: What does the issue of light pollution look like from the legal side in Poland?
Katarzyna: There is no legal regulation that would allow a comprehensive policy that would take into account both public and private outdoor lighting infrastructure facilities. Due to the multidimensionality of the phenomenon, the problem of combating light pollution in a normative context must be considered taking into account regulations on environmental and nature protection, planning and zoning, construction law, adaptation to climate change. The aforementioned regulations are scattered in various acts of statutory rank, although it would not be a problem if the principles, premises and ways of counteracting light pollution could be reconstructed on their basis.
Light pollution is not mentioned and regulated in the Environmental Protection Law, alongside other categories of environmental pollution. The legislator does not specify the principles of protecting environmental resources from harmful emissions of artificial light, does not set permissible emission levels and conditions for the operation of lighting infrastructure equipment in terms of environmental protection, even in areas directly adjacent to forms of nature conservation. Despite the fact that outdoor lighting infrastructure is an element of spatial order, the Law on Spatial Planning and Development does not provide for a regulation that establishes rules for its location. The latest amendment to this law has some potential, namely, it introduces planning zones, which should provide a starting point for local lawmakers to differentiate lighting standards for particular areas. There is also a lack of detailed design standards and technical conditions for the implementation of outdoor lighting infrastructure in the construction process, which would ensure that lighting goals are achieved while respecting environmental values, public health and aesthetic qualities. There are no regulations directly dedicated to the protection of the dark sky, which is, after all, the natural and cultural heritage of mankind.
The regulatory shortcomings identified, along with the rationale for the need for appropriate legislative changes, were presented in the expert document "Memorandum on the Legal Basis of Sustainable Outdoor Lighting Policy," which was published in May 2022 by the Publishing House of the Metropolitan Institute in Gdansk. I had the pleasure of taking over the editorship of this document, which was prepared by an interdisciplinary team of scientists and experts from the fields of biology, ecology, astronomy, lighting technology, architecture, urban planning and law and administration. The purpose of issuing the Memorandum was to draw the attention (in this case, of representatives of public authorities) to the problem of light pollution and the ineffectiveness of legal regulations to counter this pollution. We extensively presented the rationale for the need for regulation to enable the formation and implementation of a responsible and rational lighting policy.
At the same time, we pointed out the basic de lege ferenda postulates that we feel are necessary. The proposals concerned both systemic solutions, legal tools and detailed design and emission standards. Importantly, experts in astronomy and light technology presented measurement methods to monitor the degree of light pollution.
The memorandum on establishing the legal basis for a sustainable outdoor lighting policy - is available on the University of Gdansk website
© University of Gdansk
Wiktor: Has anything been achieved after the publication of the Memorandum?
Catherine: The Memorandum was sent to representatives of public authorities at the central and field levels. The document received a response from the Ombudsman, who in October last year asked the Ministry of Climate and Environment to take legislative action against light pollution. In February, the Ombudsman asked the Minister of Health whether the issue of the impact of artificial light on citizens' health had been analyzed by the Ministry, and if so, with what result, or whether it is currently the subject of analysis and proposed legislative solutions? The Ombudsman also directed questions to the Chief Sanitary Inspector about the activities of the inspection regarding the use of LED lighting technology.
The Ombudsman's intervention, so far, has not resulted in the initiation of legislative work, but we are glad that it has revived the discussion on light pollution at the central level. As a team of authors, we hope that in the future the initiative will contribute to legislative changes in this area. For the time being, I am studying legal solutions in other countries in order to search for a model of sustainable outdoor lighting policy that is optimal for Polish conditions. For the past two years I have been carrying out my own research program "Good Light Law" at the Metropolitan Institute, dedicated to the legal and administrative conditions of this policy.
Victor: What does it look like from the side of EU regulations?
Catherine: For the time being, there are no common regulations against light pollution at the level of European Union law. Regulations are residual in this regard and allow only a partial reproduction of the objectives of the lighting policy, which remains, in principle, at the discretion of the member states. Legislative technique varies greatly. Some countries adopt separate statutory acts devoted to the problem comprehensively analyzed (Croatia, Slovenia or France), while others include regulations on counteracting light pollution in individual substantive laws on environmental protection, spatial planning, safety and construction law (e.g. Germany, Spain, Denmark). Due to the tendency of the Polish legislator to inflationize the regulation of the law, I advocate the adoption of the second legislative technique in Poland.
Wiktor: Whose responsibility is it to reduce pollution? The government, local government or private individuals? You mentioned this earlier, but is it solely a matter of one authority?
Catherine: According to the principle of decentralization of public power, the management of outdoor lighting infrastructure, with which the prevention of light pollution is directly related, should be the task of local governments, primarily municipalities. The municipality is also the primary disposer of public spaces, which is vested with the so-called "planning authority," under which it should decide on the location of outdoor lighting infrastructure equipment and the standards for lighting applicable to the area.
In turn, the "standards" themselves (detailed indicators and parameters), the rules for establishing them for individual planning zones, as well as the design principles and technical conditions for lighting devices, environmental requirements - should be the subject of statutory regulations and detailed executive orders.
In my opinion, the legislator should not create new tools for planning outdoor lighting infrastructure, but use the ones that are already in place, i.e. the study, and soon the general plan, local plans, as well as the landscape resolution. Particularly noteworthy are the last two local laws, which have universal validity. This means that their addressees are also private entities - residents, owners, property users, etc.
It is very important that the tools for shaping and conducting outdoor lighting policy apply to public and private outdoor lighting infrastructure, as this increases the effectiveness of countering light pollution. It is also important to regulate the legal responsibility of the owner/manager of outdoor lighting infrastructure for compliance with standards related to equipment and light emission.
Of course, there is no obstacle for private entities to take care of counteracting light pollution on their own to the extent possible, choosing appropriate fixtures, luminaires and types of lighting on their properties. In principle, however, this is voluntary in the current state of the law. What is different is if one is disturbed by the light emitted from a neighboring property. In such a case, it is possible, after meeting additional prerequisites, to use civil law remedies for violation of the so-called immission ban. However, the effectiveness of this method is limited to neighbor disputes and is not an adequate answer to legal challenges against light pollution.
Wiktor: What can be done about light pollution - what are the practical solutions to this problem?
Catherine: Noteworthy are the good practices developed by an organization that is internationally recognized for protecting dark skies. The aforementioned International Dark-Sky Association (IDA) has proposed "Five Principles for Responsible Outdoor Lighting," which can also serve as inspiration for public entities to shape and carry out sustainable outdoor lighting policies.
First, all outdoor lighting must be "useful." The decision to install or relocate a lighting fixture should be preceded by an analysis of whether and how much light is needed in that location? Whose and what lighting needs should it fulfill?
Secondly, the light must be properly "directed", that is, targeted - it should illuminate exactly the place to be illuminated. The idea is to prevent the light from "scattering" and "escaping" towards the sky.
Third, the lowest possible level of illumination should be used, i.e. that which is sufficient to accomplish the "lighting task."
Fourth, lighting should be controlled, used only when it is really necessary. This goal can be achieved very simply by using timers or motion sensors.
Fifth, the color of the lighting should be as warm as possible. White, blue and violet light emissions should be reduced, as they have a particularly negative impact on human health and the environment.
Practical solutions must, of course, also apply to the light-emitting devices themselves. The material from which the light fixture is made, the shape of the shade, the possibility of adjusting the light fixture (setting the appropriate angle of incidence) are all important, but these are already extremely technical parameters about which I will not comment in detail. Organizations for those in the architectural or lighting technician professions, such as the Illuminating Engineering Society (IES) or the International Commission on Illumination (CIE) are developing professional guidelines that also take into account the prevention of light pollution.
On a practical note, I would only add that the management of lighting infrastructure must be "quantitative" as well as "qualitative." Useful tools in this regard are the aforementioned zoning, but it is also worth considering mapping to determine the number of existing lighting sources and their types. At the stage of operation of outdoor lighting infrastructure equipment, it is extremely important to ensure monitoring (control) through light emission measurements. After all, even the best plan and design can be "distorted" at the use stage.
