Measuring Noise: Reaching an Optimal Judicial Policy

Because of the diminutive size and relatively intense urbanization of the country, noise has always constituted one of the more serious environmental problems with which the Israeli legislature and courts must contend. Indeed, in a recent survey conducted by the Israeli Environmental Protection Service, (E.P.S.) 52.5% of Israelis questioned indicated that the major deficiency of their environment was the prevalence of noise, as opposed to only 3.7% who complained of unpleasant air or odours. Regulations have been enacted specifying the manner in which noise is to be measured and providing standards for the existence of nuisances. Recently, the court has been faced on several occasions with the question of whether violation of such regulations is necessary for an action seeking to establish a given noise as a nuisance. Although no definitive rule has been established, the Supreme Court, in confirming a lower court decision in Israel Electric Co. Ltd. v. Farsht, began what we hope will be a continuing process in determining a clear and optimal judicial policy regarding the measuring of noise and the use of these calculations in nuisance cases.