the lighting industry: a legal history

The Lighting Industry: A Transforming Global Industry

A Legal History

Lauren Foisy | Ann Marie Puente | Hansel Noriega | Rodrigo Jardim | Ali Akbar Sahiwala | Lia Wang

Light

Evolution 1800

Lighting Industry Landscape

Analyzed within a Triple Bottom Line Framework:

PEOPLE PLANET PROFIT

• Ecosystem Protection

• Energy Efficiency and

Carbon Emission Reduction

• Enjoyment of Land

• Safety/Security Issues• Warranty Claims

• Product Liability

• Efficiency Savings

People

The proliferation of outdoor light use, particularly light projecting into the night skies, has developed into a relatively new area of environmental degradation – light pollution.

Nuisance law traditionally protected the right of a landowner or occupier to the

use and enjoyment of property, while trespass provided compensation for

un- permitted physical intrusion upon property rights.

Private vs. Public Nuisance

Private Residence Security Lights vs. Sports Stadiums

In either type of nuisance claim, however, the inconsistency and insufficiency of

court holdings across jurisdictions does not seem adequate to deal with the

modern problem of light pollution.

Nuisance (Tort law) and Trespass of Light (Property law)

Most towns have zoning by laws with some provisions related to lighting,

intended to avoid nuisance conditions such as bright light from

commercial properties spilling onto residential properties.

Zoning must merge safety, quality of life (stars/tourism), health and

cost efficiency.

Municipal Codes: Zoning

On July 30, 2014, a Texas state jury awarded $27 million to families. They asserted claims for negligence and

premises liability.

City not granted sovereign immunity for Negligent Security case - liable for $1million plus

(inadequate lighting, etc).

Safety & Security

- bloomberg.com

Planet

“60% of the world’s population has never seen the Milky Way.”

NocheZero Manifesto

Planet – Dark Sky Legislation

The majority of legislation for reducing this relatively new type of

pollution largely exists at the county and municipal levels.

Various states have implemented Dark Sky Legislation for different

reasons – astronomers, energy conservation, minimize glare, preserve

nature, etc.

Arizona, Connecticut, Maine, Michigan, New Mexico and Texas have

state statutes that in some way regulate the use of light within all or part

of the state.

ENERGY INDEPENDENCE AND SECURITY ACT OF 2007 (EISA)

Energy Building Codes: LEED, ASHRAE, DOE

President George W. Bush signed the Energy Bill Act in December 2007.

The energy policy will allow the country to move towards better

efficiency, enabling the U.S. to become more energy independent.

U.S. legislation requires:

○ First - set energy efficiency standards for light bulbs.

○ Second - requires light bulbs to be 60-70% more efficient.

Planet - Energy Efficiency

Profit

- Forbes.com

Retrofitting

Warranty claims are being contested; claims of lasting 25,000 to 50,000

hours and emitting as much light as incandescent bulbs.

September 2010 FTC filed against CA company alleging LED bulbs produced

significantly less (major issue if they are so expensive to start out with).

Product Liability: LED bulbs pose fire risk

CALiPER (DOE Commercially Available LED Product Evaluation and Reporting

Program) revealed large percentage of LED lighting products on the market fail

short of manufacturer's claims.

Technology Issues

Future Implications

Several manufacturers are focusing on selling software to control and

monitor LED networks from a central command center or smartphones.

Philips launched CityTouch management software in 2011 to monitor

energy consumption, spot failed lights and dim or brighten each.

Philips now collects an undisclosed amount of annual service fees from

260 lighting-project owners in 31 countries.

Lighting Business Strategies

Effects on the Ecosystem

Will Policy be changed

based on these

implications?

New York’s $76 million project will be the largest in the country: replacing all streetlights by 2017. City officials expect to reap $14 million in energy and maintenance spending per year.

Transitioning to a smart city

Branding Cities with Lighting: NYC

Mayor Bloomberg and Transportation Commissioner announced in Oct

2013, that all 250,000 standard street light fixtures in New York City will be

replaced with energy-efficient LEDs by 2017.

The Administration’s long-term sustainability program called PlaNYC, aims

to reduce greenhouse gas emissions from City government operations

by 30 percent. LED replacements will help achieve such goals.

Cities and businesses want more light everywhere for commercial and safety reasons, but our decades-long saturation bombing of the darkness is blowing holes in electricity budgets, confusing and killing wildlife, and completely erasing our view of the stars...

Referenceshttp://legal-dictionary.thefreedictionary.com/Right+to+quiet+enjoyment

http://www.globallightingassociation.org/about

http://www.darksky.org/about-us/35-ida/outdoor-lighting/81-other-ordinances

http://www.forbes.com/sites/uciliawang/2014/09/10/bright-lights-big-profits

http://www.bloomberg.com/article/2014-07-30/aqpZy3CgvhnM.html

http://edison.rutgers.edu/yearofinno/nov13/MPup.jpg

http://en.wikipedia.org/wiki/U.S._Lighting_Energy_Policy

http://www.ledsmagazine.com/articles/2013/08/philips-recalls-99-000-led-lamps-for-shock-hazard.html

http://www.prnewswire.com/news-releases/led-light-bulbs-recalled-by-lighting-science-group-due-to-fire-hazard-198998301.html

http://www.knowproductliability.com/2014/07/product-recall-led-light-bulbs-recalled-due-to-injury-and-burn-hazards.shtml