Welcome to Instant CMES CEUS CNES #1 IN AMERICA
exposure from electronic devices); see also Vlasta Mercier et al., The Sound Exposure of the Audience at a Music Festival, NOISE & HEALTH, Apr.- June 2003, at 51, 51 (noting high sound level exposure at concerts and music festivals). 18. See Ron Chepesiuk, Decibel Hell, 113 ENVIRONMENTAL HEALTH PERSP. A34, A37 (2005) (listing decibel levels of sounds). 2009] 3 Gillespie: The No Longer Silent Problem: Confronting Noise Pollution in the Published by Villanova University Charles Widger School of Law Digital Repository, 2009 184 VILLANOVA ENVIRONMENTAL LAW JouRNAL [Vol. XX: p. 181 equipped with powerful stereo systems, can hit 140 to 150 dB(A), which is equivalent to standing next to a Boeing 747 with its engines at full throttle.' 9 The record noise level from high performance motor vehicles is 177 dB(A). 20 Importantly, unwanted noise is omnipresent. Noise may be of a high or low frequency, and it may come from either nature or human activity. Humans may generate noise through hundreds of different means, ranging from the aircrafts that fly above us, the machinery in our work environments, the gadgets we force into our ears or the wind turbines delivering the clean energy of the future.2' Generally, each of these sources may be categorized as either "industrial" or "community" sources. Community noise, which is also referred to as environmental noise, residential noise or domestic noise, is defined as noise emitted from any sources other than industry.22 The main sources of community noise include road, rail and air traffic, as well as construction and public works. 23 Common sources of indoor noise include ventilation systems, office machines, home appliances and neighboring residents. 24 While noise is ubiquitous in modern life, silence is a rarity, and unfortunately, is not always valued. For example, until recently, the Sony Corporation marketed amplifiers and speakers with a "disturb the peace" advertising campaign that boasted of "new ways to offend."25 The invisibility of noise pollution as a problem is ironic, because the need to control noise pollution has a legal pedigree dating back to antiquity. Moreover, a growing recognition that noise pollution can have a detrimental impact on both humans and 19. See id. (listing decibel level of Boeing 747 airplane). 20. See id. (measuring sound pressure levels from drag racing noise). 21. See Convention on the Conservation of Migratory Species of Wild Animals, Wind Turbines and Migratory Species, Res. 7.5 (Sept. 18-24, 2002) (on file with the author), available at http://www.cms.int/bodies/COP/cop7/proceedings/pdf/ en/partI/ResRec/RES 7 05 WindTurbine.pdf (expressing concern regarding wind turbines on migratory birds); see also Kamaal Zaidi, Wind Energy and Its Impact on Future Environmental Policy Planning: Powering Renewable Energy in Canada and Abroad (2006) (unpublished comment, on file with bepress Legal Series), available at http://law.bepress.com/cgi/viewcontent.cgi?article=4706& context=expresso (stating noise pollution considered in wind site development). 22. See GUIDELINES FOR COMMUNITY NOISE, supra note 13, at xvi (defining environmental noise). 23. See id. at 19 (listing most common community noise sources). 24. See id. at 5 (listing most common indoor noise sources). 25. See Charles W. Schmidt, Noise That Annoys: Regulating Unwanted Sound, 113 ENVIRONMENTAL HEALTH PERSP. A42, A43 (2005) (describing Sony's campaign for amplifiers with extreme sound capability). 4 Villanova Environmental Law Journal, Vol. 20, Iss. 2 [2009], Art. 2 https://digitalcommons.law.villanova.edu/elj/vol20/iss2/2 THE No LONGER SILENT PROBLEM animals has caused a recent reinvigoration of this pedigree both nationally and internationally. III. THE IMPACTS OF NOISE POLLUTION Although environmental burden and impact assessments are difficult in all fields, the assessment is especially difficult with certain forms of noise pollution such as low-frequency noise.26 There are six main reasons for these difficulties. First, the numerous outcomes and complicated causal pathways involved in noise exposure and its effects make it difficult to quantify the detrimental impacts. 27 Second, unlike drugs, chemicals or other pollutants, noise pollution leaves no residue in the body. 28 Third, noise pollution is often related to other forms of pollution, and it is difficult to differentiate the impacts of these forms of pollution. 29 Fourth, exposure to the same levels of noise pollution can impact people differently. This is particularly the case when dealing with low-frequency noise, to which some people are more sensitive. 30 This heightened sensitivity may be due to any number of reasons and can cause great suffering.3 1 Fifth, noise pollution can effect people mentally as opposed to physically, which compounds the problem of recognizing its impact.32 Finally, the pollution may be cumulative and derived from an ongoing source, rather than one or two large-scale events. 33 26. See DAVID KAY & ANNETTE PRUSS, WHO, METHODOLOGY FOR ASSESSMENT OF ENVIRONMENTAL BURDEN OF DISEASE (2000) (explaining difficulty in assessing risk factors of noise pollution). 27. See Schmidt, supra note 25, at A44 (2005) (noting exposure to high noise levels increases potential for hearing loss, colds and other illnesses). 28.