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Consultation and litigation: Noise and light pollutions

2023-09-01

Background

  • The residents nearby had filed a claim for the compensation of damage (caused by the noise and light from a ballpark) with the local government and a baseball club. 
  • Although the local government and the baseball club had put an effort to reduce the impact on the environment, there was still a conflict between them and the local residents due to an inevitable noise from the audience at the ballpark.
  • From their point of view, an investigation was needed in order to clarify whether the actual pollution level measured had exceeded the acceptable limit or not, and thus to resolve the conflict. 

Work Scope

  • Communication with experts in noise and light pollutions
  • Proposal of the acceptable level of the pollutant by investigating the incurred cases related to the noise inside and outside of the country
  • Provision of our opinion on an appropriate adoption of the assessing methodology to evaluate whether it has been exceeded the acceptable level or not
  • Defense of the baseball club against the claim for the compensation of damage


Results and Implications


Based on our professional knowledge, experience in environmental damage (by the noise and light) gained during the long period, ELPS explained the difference between the limit standard (as stipulated under the law) and the acceptable limit; and propesed the need of a rational determination of the acceptable level throughout the case studies and the convergence of experts` opinions. In line with this, we also contributed to the prevention of additional conflict with the residents; and on the smooth operation of the ballpark by obtaining a favorable judgment in court.

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