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Stuart Lieberman
Stuart Lieberman, Esq.
liebermanblecher.com

*NJ Deputy Attorney General assigned to the State Department of Environmental Protection from 1986 - 1990.
*Partner in the environmental law firm of Lieberman & Blecher, P.C. in Princeton, New Jersey
*Lectures for the N.J. Institute for Continuing Legal Education (ICLE), and is available for other speaking engagements through the year.


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THE ENVIRONMENT
The 1929 Noise Abatement Commission
Stuart Lieberman, Esq.,

In 1929, New York City formed the Noise Abatement Commission. The Commission was charged with evaluating city noise issues and determining what, if anything, should be done to address noise related issues.

The Commission determined that noise issues were not imaginary; that too much loud noise actually affected people's health and productivity. We take these conclusions for granted in the year 2000, but they were revolutionary concepts in 1929.

The Commission concluded in 1930 that constant loud noises can affect people's ability to hear, that noise negatively affects worker efficiency, interferes with sleep, and can affect the development of children. Many of these findings are still largely held today.

The Commission's findings created an overall awareness that noise pollution can be just as harmful as other, more traditional kinds of pollution. Since for the most part society did not start addressing the other kinds of pollution until the late 1960s, in a way noise pollution was the first kind of pollution that government started to address.

Too much noise, especially repetitive or loud noise, can drive people crazy. Today, many States have laws that regulate the levels of allowable noise from businesses and other stationery sources.

And many municipalities have their own noise ordinances. You might recall that several years ago, one municipality attempted to stop an ice cream truck vendor from ringing his bells and relied on a municipal noise ordinance. That was probably an example of too much noise regulation.

According to some reports, noise is a leading cause of hearing loss. In the United States, over 17 million people reportedly have hearing problems and some people suggest that people are losing their hearing at younger ages. Repeated exposure to loud noises is considered to be one of the culprits responsible for this trend.

It is important that we protect our ears from noise pollution. Whenever it is possible, you should avoid it. If you are going to visit loud places, ear plugs or similar protective devices, can help. If repeat exposure seems likely, you should see your doctor.

What kinds of workers are at greatest risk of becoming hurt as a result of noise pollution? It appears that many people are at risk, but clearly people who frequently work near loud noises, such as jackhammers, airplanes, nightclubs, can be at risk.

In the workplace, OSHA requires that certain employers develop a noise reduction program. This program requires noise monitoring, hearing testing, employee training, lessons concerning the use of hearing protection, and a demonstrated ability to provide adequate hearing protection. Of course, OSHA rules require specified record-keeping as well. Alas, what self respecting federal law would omit a record-keeping requirement?

People who live close to airports can realize significant noise headaches associated with takeoffs and landings. There are some published studies that suggest that this constant exposure to loud airplane noises can result in mental and even physical problems. While additional studies may be required, initial studies certainly suggest that airport noises can be problematic.

As a general rule, the law recognizes your right to peace and quiet. If a neighboring business or airport is keeping you up, or driving you crazy, courts may provide you with relief. But before you head to court, you might very well attempt to approach your noisy neighbor and determine whether some amicable solution might be reached.

The information provided in this column is written by Stuart Lieberman,a practicing environmental attorney, and is for general information purposes only. It is not legal advice and should not be used in place of legal advice.

Stuart Lieberman, Esq., and IRED.Com, Inc., will not accept any responsibilty for any reliance on the information in this column or any damages whatsoever resulting from reading this column.


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