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Air transportation and the human environment Wellings, Rory William 1973-03-16

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AIR TRANSPORTATION AND THE HUMAN ENVIRONMENT by RORY WILLIAM WELLINGS B.A.Sc, University of British Colombia, 1967 A THESIS SUBMITTED IN PARTIAL FULFILMENT OF THE REQUIREMENTS FOR THE DEGREE OF MASTER OF BUSINESS ADMINISTRATION in the Faculty of Commerce and Business Administration We accept this thesis as conforming to the required standard THE UNIVERSITY OF BRITISH COLUMBIA April, 1973 ii In presenting this thesis in partial fulfilment of the require ments for an advanced degree at the University of British Columbia, I agree that the Library shall make it-freely avail able for reference and study. I further agree that permission for extensive copying of this thesis for scholarly purposes may be granted by the Head of my Department or by his represent atives. It is understood that copying or publication of this thesis for financial gain shall not be allowed without my written permission. Faculty of Commerce and Business Administration The University of British Columbia Vancouver 8, Canada April, 1973 ABSTRACT The objective of this study is to investigate the existing air and noise pollution abatement legislation in Canada as it relates to the air transportation industry, and suggest methods of improving this legislation to meet the future needs and demands of the human environment. A second objective is to provide guidelines for business and govern ment action in the future, and to acquaint the individual with some of the issues of the "environmental era of air trans portation." Based on personal interview, an extensive literature search, and the application of business principles, this study addresses the technical, economic and social problems associated with the formulation and implementation of effective environmental legislation. In addition, it dis cusses the roles of business and government in each of these problem areas. The thesis concludes that the Canadian legal system must undergo structural change to accommodate environmental issues; a 1973 Noise Control Act should be passed; and a federally supported environmental education program should be instituted. Other conclusions include recommendations for increased research on the effects of the sonic boom and inadvertent climate modification, increased international participation in environmental affairs, and an improved market system to reflect environmental goods as scarce iv resources. This thesis also recommends increased government-industry cooperation in the formulation of technical and non technical standards and legislation, to ensure that reason able and specific criteria are established for noise and air pollution abatement. The most important recommendation of this thesis is that a macro system approach be adopted in environmental management. This approach, which recognizes interactions and feedback in the social, economic and political environment, is vital to the future of Air Transportation and the Human Environment. TABLE OF CONTENTS CHAPTER I. INTRODUCTION 1.1 The Human Environment 1.2 A Conceptual Framework for Analysis . . . . 1.3 Air and Noise Pollution "by Transportation Mode 1.3.1 Air Pollution 1.3.2 Noise Pollution 1. h Characteristics of the Canadian Air Transportation Industry l.^f.l Common Characteristics 1.^.2 Unique Characteristics l.*f.3 Summary 1.5 International Implications of Domestic Legislation 1.6 Summary II. AIR AND NOISE POLLUTION ABATEMENT LEGISLATION IN CANADA 2.1 State of the Art 2.2 The 1971 Clean Air Act 2.3 Noise Pollution and the Law 2. M- Problems of Mixed Jurisdiction 2.5 Law as Social Policy 2.6 Landmarks in Environmental Law—Air Transportation 2.7 International Agreement on Noise Levels and Air Pollution Standards . . . . 2.8 Summary III. THE EXISTING LEGISLATION: TECHNICAL PROBLEMS AND IMPACT 3.1 Environmental Alteration, Weather and Climate 3.2 Noise and Airport Location 3.2.1 Reducing the Exposure to Noise . . . 3.2.2 The Expropriation Act of Canada . . 3.3 Design Problems and the Future 3.3.1 STOL/VTOL Noise and Air Pollution . 3.3.2 Commercial Jet Aircraft (Sub-sonic) Aircraft Smoke Reduction . Aircraft Noise Reduction . 3.3.3 Supersonic Jet Aircraft The Sonic Boom Ground Level Noise . . . . 3. U- Fuel Consumption and Air Pollution Trends . 3.5 Summary vi CHAPTER Page IV. THE EXISTING LEGISLATION: ECONOMIC PROBLEMS AND IMPACT 99 Environmental Economics 9**.1.1 Resource Scarcity 103 *f.l.2 Externalities 105 •+.2 The Environmental Market System 107 ^.2.1 Command Economy or Extended Market System 109 U-.2.2 Public Policy and Environmental Control 110 ^.3 Economic Costs and Incentives re: Pollution 116 k.h Environmental Quality and International Trade 120 h.5 Summary 12V. THE EXISTING LEGISLATION: SOCIAL PROBLEMS AND IMPACT 128 5.1 Noise and Human Tolerance 129 5.2 Perspectives and Pressure Groups 131 5.3 Response to Social Pressures 132 5. H- Environmental Education 135 5.5 Summary 136 VI. THE ROLE OF BUSINESS 138 6.1 Pollution, a New Dimension for Business . . 138 6.2 Technical Role—The Importance of Input . . IH-2 6.3 Economic Role—The Profit Motive 1^6. M- Social Role—Social Responsibility and Business 6.5 Social Role—Voluntary Action IM-5 6.6 Competition and Regulation lM-o 6.7 Summary 1^9 VII. THE ROLE OF GOVERNMENT 151 7.1 Environmental Control and Levels of Government 157.2 Technical Role—Planning . 15^ 7.3 Economic Role—Internalizing Externalities 158 7. *f Economic Role—Degree of Regulation .... loO 7.5 Social Role—Planning and Education .... 161 7.6 Summary 16> VIII. SUMMARY 5 8.1 Linkages, Feedback, and the Human Environment 168.2 Recommendations for Future Action 169 8.3 Closing Remarks 171 BIBLIOGRAPHY 173 vii LIST OF TABLES TABLE Page I. A Comparison of Transportation Modes 8 II. A Comparison of Noise Levels by Transportation Vehicle 13 III. Major Changes in Aviation 1936-1973 59 IV. Proposed Revision to Present Legislative Structure 61 V. Climatic Changes Produced by Cities 65 VI. Estimated Annual Costs of Pollution Control— Air 117 viii LIST OF ILLUSTRATIONS FIGURE Page 1.1 Percentage Share of World Airline Traffic 1970 by Major Airlines and Groups 19 1.2 North Atlantic Route: Market Share by Major Airlines or Groups, 19^5-1970 19 2.1 National Air Quality Objectives 30 2.2 The Formation of Social Policy 3.1 The Major Steps and Timing of the CIAP Project, . 68 3.2 Flight Profile for Noise Abatement 72 3.3 Expropriation for Airport Expansion 8h 3.if The Past and Future of Aviation 92 3.5 Airport Noise Level Measurement Locations .... 9h *4-.l Free Goods and Economic Goods 101 k.2 Public Goods and Private Goods 3 6.1 Pressures on a Manager Concerning an Air Pollution Problem I*f0 6.2 Historical Relationship between Public Confidence in Business and Government Restrictions on Business lh-7 7.1 Focusing Urban/Regional Planning and Air Resource Management on Air Pollution Problems 155 7.2 An Integrated Approach to Air Pollution Problems 157 8.1 The "Unrestrained Market" Approach 166 8.2 The "Agency Control" Approach 168.3 The "Economics versus Environment" Approach . . . 167 8.^ An "Integrated"Approach 16ix ACKNOWLEDGEMENTS During the research phase of this study I received the advice and encouragement from many individuals. I was fortunate to have a thesis committee which inspired me to research an area in which little had been published until 1970. Professor Karl M. Ruppenthal, my thesis chairman, has been a friend, teacher, and valuable source of current information and guidance. Professor J.W.C. Tomlinson has given me direc tion and insight into the international business environment, an environment which is particularly relevant to the air transportation industry. Professor Ian Heggie has introduced me to the economic aspects of pollution and has inspired me to delve into this important area of research. The final product of the research undertaken, as represented in this thesis, is totally my own and I remain solely responsible for any errors or omissions. I would like to express my appreciation to the Trans portation Development Agency, whose financial support enabled me to carry out this research. I would also like to thank my mother for typing this thesis and my wife, Margaret, and daughter, Paula, for their kindness, encouragement, and under standing during the last two years at graduate school. Finally, this dissertation is respectfully dedicated to a very special person in my life, my late grandmother, Mrs. Elizabeth McClintock. CHAPTER I INTRODUCTION 1.1 The Human Environment No human activity is more affected by its environment than transport. Probably, also, no other human activity, with the exception of war, has more effect on the environment of human beings. There is no greater challenge to transportation today than the human environment. The "tragedy of the common"— the exploitation of resources that everyone owns, but no one cares for—is not peculiar to Canada. It is an international p attitude. Only recently has man begun to think in terms of a single complex ecosystem—spaceship earth—and realize that "man and his environment" are not separate entities.^ Even more recently man has come to the realization that his "... apparent dominion over the environment is but a license from XH.W. Mander, "The Quality of British Transport" in Transno '69 The Environmental Aspects of Transportation (London: Imperial College, Society of Environmental Engineers, 1969)> p. 1. 2 Department of the Environment, Canada and the Human  Environment (Ottawa: Information Canada, 1972), p. 20. ^John A. Day, Frederic F. Fost, and Peter Rose, Dimensions of the Environmental Crisis (New York: John Wiley and Sons, Inc., 197D» 2 nature with a fee yet to be paid." Just yesterday the average citizen in Canada was not interested in theories of environ mental management beyond the occasional lip-service to conser-vation. But today, with his water tasting bad and discolored, his air smog-filled, and his countryside disfigured, he is getting the message. It is not only the "average citizen" who is reacting to environmental degradation but also the heads of airlines, governmental leaders, citizens about to have their property expropriated and community planners. Airlines are accused of eroding the natural environment through air pollution and noise, yet when pollution obscures visibility, no one can be more immediately concerned than the captain of the airliner. Similarly when noise reaches certain levels, the impact is unfavorable to the airline's customers and its employees.^ The term "human environment" can be defined in a number of ways, perhaps the best being simply the world we live in. Victor John Yannacone, Jr. and Patrick Frangella, "Environmental Concern—The Law and Aviation," in Master Plan  ning the Aviation EnvironmentT ed. by Angelo J. Cerchione, Victor E. Rothe, and James Vercellino (Tucson, Arizona: The University of Arizona Press, 1970), p. 368. ^Christian de Laet, "The Pollution Problem," in Economic Thinking and Pollution Problems, ed. by D.A.L. Auld (Toronto:University of Toronto Press, 1972), p. 125. ^Stuart G. Tipton, "Aviation's Three Environments," in Master Planning the Aviation EnvironmentT ed. by Angelo J. Cerchione, Victor E. Rothe, and James Vercellino (Tucson, Arizona: The University of Arizona Press, 1970), p. 23. 3 1.2 A Conceptual Framework for Analysis Air transportation systems can be defined on at least three levels of complexity. The first is defined by technology, and includes such variables as physical and performance charac teristics of the aircraft, cost, duty cycle, and reliability/ maintainability. In the earliest days of aviation this level of complexity was a suitable mode of operation and represented a co-alignment of the barnstorming pilot with his relatively unspoiled physical environment and unexplored business environ ment. The second level is a more complex operating system level defined in terms of aircraft fleet, ground facilities, and operating policies and procedures. An analysis at this level would reveal network schedules, capacities, trip times, fares, fleet size optimization, the economic aspects of capi talization and revenue, and perhaps the impact of specific economic and social segments of the environment. Within this framework one might analyze the environment of radar, runways, o and terminals. The third level is the social system level of analysis. This is the level I shall use for my study. In order to study the complex of air transportation services within regional, national, and international boundaries one must look at inter-?E.S. Diamant, "Earth-Transportation Macro Systems," (one lecture in a series on Macro Systems, Analysis and  Synthesis of Complex Systems, presented at the University of California Extension, San Francisco, California, November, 1968), pp. 1-6. ^Tipton, "Aviation's Three Environments," p. 23. 1+ actions and feedback effects both within and in the environ ment around the operating system. The operating system shapes and in turn is shaped by the social, economic, and political environment within which it operates.^ These environmental complexities have a direct impact on the decision-making function of an airlines organization and the airlines must seek to understand them for survival. As J.D. Thompson points out:10 Survival rests on the co-alignment of technology and task environment with a viable domainj and of organi zational design and structure appropriate to that domain. Thompson's emphasis on organizational design and structure is important and, as we shall see later, underlies a successful strategy for dealing with environmental problems such as noise abatement and reduction of air pollution. To understand a dynamic air transportation system, one must understand all of the elements, their functions and interrelations. From such an understanding stems rational operation and regulation procedures which are tuned in to the changing demands of the market and social environment. From such understanding also stems rational planning for new systems with a view to meeting present needs and shaping the characteristics of future demands. The main difficulty in achieving such an understanding is the higher uncertainty Q 7Diamant, "Earth-Transportation Macro Systems," PP. 2-3. 10James D. Thompson, Organizations in Action (New York: McGraw-Hill, Inc., 1967), p. 1^5. 5 encountered as one progresses in complexity from technical problems to socio-political problems."*"1 Obviously, the system is too complex to provide a unique picture to all who are involved with it, be it as users (travellers or shippers), operators, pilots, passive or active observers (e.g. residents under the flight approach and take off patterns at almost every major airport), planners and regulators (local or federal agencies), economists, or con cessionaires. From each separate viewpoint the system's elements rank differently. So, while all are willing to admit the complexity of the system, each will recognize a different As Dr. Karl M. Ruppenthal points out, "Technological problems we can solve. All they require is technical skill, adequate money, and a little time." Karl M. Ruppenthal, "Some Socio economic Considerations," in Air Transportation— A Forward Look, ed. by Karl M. Ruppenthal (Stanford, Calif.: Graduate School of Business, Stanford University, 1970), p. 160. It is the socio-political problems which give rise to the most difficulty. The relevancy of the entire quan titative methodology used in the exact sciences may no longer be valid. It may well be that the primary emphasis needs to be placed on research methodologists specially developed for social system problems. See for instance Olaf Helmer, Social  Technology (New York: Basic Books, 1966), and Olaf Helmer and Nicholas Rescher, "On the Epistemology of the Inexact Sciences," Management Science. VI, 1959. 6 12 set of elements as being most important. In the text that follows I have attempted to objectively present some of the technical, economic, and social factors influencing air and noise pollution abatement legislation in Canada. I have also tried to relate these factors to the determination of the appropriate roles of government and the business enterprise. Throughout my thesis I will adopt a "macro" viewpoint and deal with the problems presented on a social system level of analysis. *In 1969, Straszheim pointed out that, "The various market and nonmarket consequences of international air service include impacts on the travelling public, airline owners and management, suppliers of aircraft and other commodities, and governments and their constituent taxpayers. The formulation of an objective function which reflects these effects is a complex task involving a variety of economic and political issues." Mahlon R. Straszheim, The International Airline  Industry (Washington, D.C.: The Brookings Institution, 1969), pp. 16-17. This interaction, suggested by Straszheim, is further complicated by the complexities of the human en vironment, including pollution, a topic which he completely ignores in his otherwise informative book. 1.3 Air and Noise Pollution by Transportation Mode 7 Canada has a very transport-oriented society and economy, In 1967} the "average" Canadian travelled no less than 15 miles a day and generated no less than 3° ton-miles of freight per day, the highest figures for any nation in the world. J Annual expenditures for both capital and operating costs by private and public transportation, including goods, amount to over 20$ of Canada's Gross National Product. During the 1960s the number of air passengers in Canada tripled,substantially exceeding the growths in population and .16 1 cr Gross National Product. J In their study on transportation pollution Braithwaite, Clarke, Gunderson and Hornsby stated: Present indications are that by the year 2000, passenger traffic by road will double, by rail and bus combined will triple, and by air will increase by a factor of 15. Similarly freight is expected to double by water, triple by road, quadruple by rail and truck, and again increase by a factor of 15 for air (albeit still a small proportion). As the air travel industry matures it is projected that it will cease to enjoy the disproportionate growth of the 1960s and that the rate of growth will gradually decrease to approxi mately the long-term forecast growth rate of the economy, that ^D.J. Reynolds, The Urban Transport Problem. Urban Canada, Problems and Prospects, Research Monograph 3 (Ottawa: Central Mortgage and Housing Corporation, 1971) j P» 2k. lU-E. Braithwaite, et al., Transportation Pollution (Sydney, N.S.: Canadian Coast Guard College, 1972), p. 3. ^Canadian Air Transportation Administration, Pacific Region, Vancouver International Airport Proposed Expansion, Public Information Kit (Vancouver, B.C.: Transport Canada, 1973), P. 3. •^Braithwaite, et al.. Transportation Pollution, p. h. 8 is, about five percent increase per annum in G.N.P. in real 17 terms. 1 The new wide-bodied jets can carry a considerable quantity of air cargo even with full passenger loads, and air lines predict that seventy percent of all cargo will be 18 carried in passenger aircraft. If this prediction comes true the prospects for increased air freight are extremely bright. The table below indicates where air transportation ranks in terms of freight and passenger miles compared to other trans portation modes: TABLE I A COMPARISON OF TRANSPORTATION MODES Mode Freight (ton-miles) Passenger (miles) Road 12% "87% Pipe 23% Rail 35% -* Air <1% Water Source: E. Braithwaite, et al.« Transportation  PollutionT Transportation Management Course, July-August 1972, p. A comparison of this table with data gathered in 1967,1^ some six years earlier, indicates an increase in road freight from 9 to 12$, and a decrease in road passenger miles from 91 to 87$. Rail freight has decreased from *fl to 35$, and water freight has increased from 25 to 30$. The only other significant •^Canadian Air Transportation Administration, Public  Information Kit, p. 9. l8Ibld., p. 5. ^Reynolds, The Urban Transport ProblemT pp. 22-21*-. 9 change has been an increase in air passenger miles from h to 9$. With this background one can analyze the air pollution and noise pollution produced by the various modes of transpor tation to determine problem areas. 1.3.1. Air Pollution The most serious elements in air pollution are toxic sulphur compounds and carbon monoxide produced by automobiles and industrial plants. Jet engines produce no sulphur com pounds and very little carbon monoxide. Jet engines, however, do produce nontoxic but highly visible particulates. These are the small particles of unburned carbon forming the smoke plumes 20 trailing jet engines. A Ministry of Transport statement on February 12, 1973 said U.S. studies show on a nationwide basis ".. less than two percent of that country's total air pollution comes from commercial aircraft and that comparable studies in ?1 ?? Canada indicate this figure to be lower." * While there is reason to conclude that air transportation is not contributing more than its "share" to air pollution, there is an increasing Of) * Tipton, "Aviation's Three Environments," p. 23. 21 Bill Bachop, "Noise no problem, airport foes told," Vancouver Sun, February 13, 1973» p. lk°. pp U.S. Department of Health, Education and Welfare. Report of the Secretary to the U.S. Congress? December 19o8?  on The Nature and Control of Aircraft Engine Exhaust Emis sions (Washington. D.C.: Department of Health, Education and Welfare, 1969; attributed only 1.2$ CO, 0.7$ HC, 0.1$ Nitro gen Oxides and 0.1$ Particulates of the total U.S. output of pollutants to U.S. civil aircraft. One would expect that Canada would produce about 10$ of the U.S. total if a direct relationship exists between air pollution and population. 10 awareness of the potential hazard at every major airport in the world due to pollution caused by the operation of jet aircraft. In a study conducted last summer at Los Angeles International Airport (LAX), for example, the Los Angeles County Air Pollu tion Control District concluded that:2^ 1. LAX is a significant area source of air contaminants, generally upwind of metropolitan Los Angeles. The 6,7 tons of particulate matter emitted daily in the h.7 square mile LAX source exceeds the atmospheric loading rate of particulates from any area of comparable size in Los Angeles County. 2. About 70$ of total jet aircraft operation time, to and from 3500 feet altitude, is spent in the idle and taxi mode, w^ich accounts for 55$ of total aircraft emis sions. 3. The new "smokeless" JT9D turbofan engine, which powers the 7h7 superjet, emits less visible emissions and about the same total weight of air contaminants per flight as the lower thrust JTM-A turbojet and JT3D turbofan engines used on Boeing-707 and Douglas DC-8 aircraft, and one-half of the total for the unmodified JT8D turbofan engine mounted on the short-haul Boeing-727, -737 and Douglas DC-9 aircraft. This research demonstrates first of all that air pollution must be thought of in terms of concentrations, both of contaminants and of people. Urban areas presently contain about 75$ of the Canadian population and by the year 2000 may contain 9*f$ of the per of total population. ?' With the notable exception of Ste. 23R.E. George, J.S. Nevitt. and J.A. Verssen, "Jet Air craft Operations: Impact on the Air Environment," Journal of  the Air Pollution Control Association. XXII, No. 7, (July 1972), 508, 515. oh. This conclusion is supported by Sawyer who tested emis sions for each operating mode for turbojet and automotive piston engines. R.F. Sawyer, "Reducing Jet Pollution Before It Becomes Serious." Astronautics and AeronauticsT VIII, No. h (1970), pp. 62-67. 2^Reynolds, The Urban Transport Problem, pp. 85-86. of. Braithwaite, et al.. Transportation Pollution, p. 7. 11 Scholastique (the new Montreal International Airport which will be discussed later) nearly all of Canada's major airports are near or in urban areas. Although jet aircraft contribute little to the overall air pollution on a national scale, they may contribute a considerable amount in a specific urban setting. The other aspects of the Los Angeles airport study which are worth noting are (1) an emphasis on the gains that could be achieved by minimizing engine running time on the ground and (2) the technological advances possible in air pollution reduc-27 tion. Through actual field testing and pollutant monitoring some meaningful results are being obtained. The visibility of air pollution from jet aircraft cannot be ignored. It is as apparent to the observer as the plume of the early railroad steam engine and the smoke from a bee-hive sawdust burner, and despite the small contribution it makes to overall air pOllU-pQ tion it will be eliminated„by public demand. 1.3.2 Noise Pollution Social surveys indicate consistently that the noise from surface automotive traffic gives rise to more neighborhood dis-^The smokeless combustors mentioned not only reduce the offensive smoke output but also decrease the total emissions by 2k percent. The jet engines of a decade ago produced nearly three times the emissions of these improved engines. It is anticipated that improvements will continue even further. pQ The December 1968 report of the U.S. Secretary of Health, Education and Welfare to the U.S. Congress on The  Nature and Control of Aircraft Engine Exhaust Emissions in regard to public reaction states, "The sight of smoke plumes from any source seems to suggest to many people that officials charged with controlling air pollution are guilty of inaction." 12 29 satisfaction than the noise from aircraft does. 7 This is probably because the surface automotive traffic noise is not restricted to areas near airports but pervades almost every spot in our modern society. Future sonic booms may follow a similar pattern. Although the air transportation industry only handles 9$ of the passengers and less than 1% of the country's freight, it certainly contributes a great deal more to the problem of noise pollution in Canada. As early as 1967, John 0. Powers of the U.S. Federal Aviation Administration's Office of Noise Abatement told a meeting of the Acoustical Society of America:^° Noise now threatens to choke the orderly development of commercial air transportation and if the increase in noise is permitted to continue unabated the air transportation system will not realize its full potential...there will not be in the foreseeable future a simple, single solution by which the noise problem can be reduced to acceptable dimensions. Unlike air pollution, noise pollution in the air industry con tributes far more than its "fair share" of today's transporta tion pollution. As Theodore Berland states^"In the annals of racket, airplanes have a chapter all to themselves." A comparison of the environmental sounds produced by several transportation modes illustrates why the quieting of aircraft, especially in communities surrounding airports, has ^Peter A. Franken, "A Panel Discussion-Approaches to Noise Control" in A Conference on Noise in the Environment (Toronto: The Conservation Council of Ontario, 1971), p. 71. 3°Theodore Berland, The Fight for Quiet (Englewood Cliffs, N.J.: Prentice-Hall Inc., 1971), p. 172. ^Ibid.. p. 171. Berland devotes Chapter 12 of his book to this subject. been the focus of the most attention to date. Table II shows such a comparison: TABLE II A COMPARISON OF NOISE LEVELS BY TRANSPORTATION VEHICLE Transportation Vehicle Sound Level (PNdBp2 Average car (15 feet) 70 dB Average truck (15 feet) 80 dB Sports car, heavy truck 90 dB Subway (inside) 90-100 dB Snowmobile 100 dB Heavy traffic 100 dB Motorcycle 100 dB Jet airplane 120 dB Jet airplane (100 feet) 130 dB Sources: 1. R. Murray Schafer, The Book of Noise (Vancouver, B.C.: Price Printing Ltd., 1970), p. 2. 2. Theodore Berland, The Fight for Quiet (Englewood Cliffs, N.J.: Prentice-Hall Inc., 1971), p. 181. 3. Clifford R. Bragdon, Noise Pollution, the Unquiet Crisis (Philadelphia, Pa.: University of Pennsylvania Press, 197D, P. 52. One of the more active critics of the very high noise oo levels from jet and other aircraft, Berland, believes that:-"-* The worst noise offender of our generation, as far as the general public is concerned, the aviation industry, has never tried to Think Quiet. Never, that is, until public, regulative, and legislative pressure was applied. 3 The decibel is a unit for measuring the intensity of sound. It is used to express the relationship between the faintest sound man can hear and other sounds in the environ ment. It is logarithmic, so that an increase of 10 decibels means a tenfold increase in sound intensity, a 20-decibel rise a hundredfold increase, a 30-decibel rise a thousandfold in crease. The values in Table II are in Perceived Noise Decibels (PNdB), a measure of noise as it is perceived by man. 'Berland, The Fight for Quiet. p. 2k0. Ik This statement could equally well be applied to the railroad industry regarding air pollution or the shipping industry regarding oil spills. Public, regulative, and legislative pressure is required especially in transportation industries which do not enjoy excess profits. The application of regulative (FAA) pressure has suc ceeded in making the new Boeing 7k7, Lockheed 1011, and McDonnell-Douglas DC-10 quieter than the Boeing 707 or McDonnell-Douglas DC-8.^1+ Estimates to "retrofit" existing four-engine aircraft with such "quiet" engines run in the neighborhood of $6^0,000, per aircraft,^ a cost many airlines are not willing to pay without legislation. Public pressure is being applied in many areas. As recently as February 27, 1973, a $0.66 per passenger noise tax was levied at Paris air port to enable hospitals and schools to soundproof and enable disgruntled home-owners to move away.^ The problem of the sonic boonr^ is on the not too •^Bachop, "Noise no problem," p. lk8. See also Franken, "Approaches to Noise Control," p. 71. and Canadian Air Trans portation Administration. Public Information Kit. •^Franken, "Approaches to Noise Control," p. 71. -^Canadian Television News, Vancouver, B.C., 11:30 p.m., February 27, 1973. 3^The sonic boom is, in effect, the shock wave of the aircraft flying at supersonic speed, forcing its way through the air masses gathered in front of it. Normal atmospheric pres sure is lk.7 psi, varying slightly with elevation above sea level. As the cone of the shock wave strikes an object, the pressure increases sharply—in about .003 second. Within approximately .02 second the pressure decreases smoothly to something less than normal, then rises again to normal. This "overpressure" is generally accompanied by the release of energy manifested in a sharp explosion or loud clap of thunder overhead called a "sonic boom". A typical boom is an over 15 distant horizon. We do not know as yet what the commercial sonic boom will be like, but we have reason to believe the problems associated with this form of noise pollution will be much more difficult to solve than those associated with air port noise or air pollution. The projected damage due to the sonic boom first became a reality to Canadians when a Canadian military pilot flew an F-IO1* jet fighter at supersonic speed at an altitude of 500 feet causing $300,000. damage to Ottawa airport.Closer to home, in 1969,"a U.S. Navy F h acrobatic plane accidentally exceeded the speed of sound while flying at three hundred feet over Kelowna, B.C., and reduced 75% of the windows in an eight-block area of downtown Kelowna to smashed shards."^^ These rather dramatic events, like the Oklahoma City sonic boom tests, tend to over-emphasize the sonic boom by measuring the effects of low altitude flight. On the other hand, the matter deserves detailed study before large segments of the world's population are subjected to the adverse effects of the sonic boom. In Chapter III we will take a closer look at the technical problems associated with noise pollution in the air transportation industry. pressure of 2-3 pounds per square foot. An early paper by Roth gives more detail, see Roth, "Sonic Boom: A Definition and Some Legal Implications," Journal of Air Law and Commerce, XXV (1958), 25, 68. In addition, Theodore Berland goes into great detail on the subject on a technical level in Berland, The Fight for Quiet, pp. 182-185. 38Robert Alex Baron, The Tyranny of Noise (New York: St. Martins Press and The MacMillan Company, 1970), p. 103. 39john Fisher, What You Can Do About Pollution Now (Don Mills, Ont.: Longman Canada Ltd., 1971), P. 26'3. l.h Characteristics of the Canadian Air Transportation Industry This thesis deals specifically with the Canadian air transportation industry. In areas such as pollution legisla tion considerable differences exist between Canada and other nations. In other areas, such as operating problems and long term goals, Canada's participation in the international avia tion organizations, the International Air Transportation Asso ciation (IATA) and the International Civil Aviation Organiza tion (ICAO), emphasizes the common nature of the air transpor tation industry. In general, I would say that the common characteristics are based on economic and business decision making aspects of operating in the international aviation field, whereas the unique characteristics are based on the environmental, political and social climate of the country under review. In order to set a course of action for the Canadian aviation industry one must consider both aspects, internal and external. l.^.l Common Characteristics Some of the common characteristics of the air transpor-J+0 tation industry are listed below: 1. It is a service industry with high costs, notably in labor, that render it specially vulnerable to inflation. ^Air Transport Association of America Economics of Air  Transport: An Overview (Washington, D.C.: Air Transport Asso ciation of America, 1971), p. 2. ^The breakdown of operating expenses given by the ATA Ma.ior U.S. Airlines, Economic Review and Financial Outlook 1969-1973 (Washington, D.C.: Air Transport Association of 17 kp 2. It is closely regulated by the government. 3. It is extremely competitive on an international scale. k. Its demand is highly seasonal. 5. It has grown very rapidly. 6. It is extremely sensitive to fluctuations in the economy.^ 7. It has high technological turnover and is therefore a large user of capital. Rising costs are particularly evident with the average landing fee increasing 20$ from 1969 to 1970 (105$ greater than 1965) in comparison to a 23$ increase in the consumer price index between 1965 and 1970. Jet fuel costs increased 15$ between 1965 and 1970. Interest costs for airlines in the U.S. totaled America, 1969), slide 22, indicates the high labor cost common in the aviation industry, as shown below: Criteria for Historical Airline Inflationary Index for Cash  Operating Expenses Expense Item Approx. $ of Total Indicator Used Wages and Salaries **5$ Cost/Employee Fuel 15$ Cost/Gal. of Fuel Maintenance Materials 5$ Cost/Hour Flown Miscellaneous (Insur- 35$ GNP Deflator ance, Communication Services, etc.) kp One major complaint of airlines is that because air line prices are regulated and airline costs are not, in times of sustained inflation, costs keep going up faster than the regulators can get around to adjusting fares. ^R.E.G. Davis, Airlines of the United States Since 191k (London: Putnam & Company Ltd., 1972), p. 576, points out that, oddly enough, the development of each successive major genera tion of transport aircraft has occurred when either the economic or political climate in the world has been far from auspicious. The Boeing 707/Douglas DC-8 jets entered service when the world air traffic growth curve experienced a distinct hiccup. Now the Boeing 7k7, DC-10, L-1011, and A-300B are entering service when experts are looking gloomily at the air traffic curve once again. Fluctuations in the economy are particularly significant to both airlines companies and air craft manufacturers. 18 $38k million in 1970—a 35.5$ increase over 1969 and six times kk the I960 level. Due to the nature of the industry these U.S. figures are reflected in the Canadian air transportation industry. Domestic competition is not as keen in Canada as in the United States due in part to a smaller travelling public and in part to governmental regulation. On an international scale Canada's position can be illustrated by the percentage share of world airline traffic shown in Figure 1.1 and the market share of the North Atlantic Route shown in Figure 1.2. As can be seen from Figure 1.1, Canada has a 3-^ percent share of world airline traffic, a figure which will likely increase with future increased participation in the charter business J and increasing air route miles to such locations as mainland China. Active participation on the North Atlantic Route is indicated by an eight percent share of this market, about twice the U.S. per capita market share. Common characteristics of governmental agencies with respect to aviation include unified action on banning SST traffic over land areas, attitudes toward non-scheduled air carriers, trade-offs between government owned airlines concern ing international routes and landing rights, and other nego tiated agreements between nations and between air carriers. The similarities in operating methods, equipment, and proced ures necessitate fierce non-price competition. (although one kk Air Transport Association of America, Major UfS. Air lines T pp. 3-5". ^Ibid., p. 7. In 1963 less than 5$ of the airlines passenger market was served by "non-skeds"; by 1971 this figure rose to nearly 30$. 19 FIGURE 1.1 PERCENTAGE SHARE OF WORLD AIRLINE TRAFFIC 1970 BY MAJOR AIRLINES AND GROUPS US. A. 3d2 MILLION! PASSENGERS .ArtUktlll rCanadatfc£ 1 ie k 289 QNULAOI* PASSENGER- t«A\L£S OlloH*r FIGURE 1.2 NORTH ATLANTIC ROUTE: MARKET SHARE BY MAJOR AIRLINES OR GROUPS, 19k5-1970 — gfMH — • Ao.A. '** TWA <• • Pa* ft„ 100% 4o% lot Source: R.E.G. Davis, Airlines of the United States Since  191*4- (London: Putnam and Company Ltd., 1972), pp. 672-673. could certainly argue the existence of price competition during the last two years). The economic and business decision-making aspects of the air transportation industry are particularly relevant in the international competitive environment. l.k.2 Unique Characteristics With the competitiveness of the international air indus try in mind, one might well wonder if national standards and regulations could create a competitive advantage. One major airline in the United States, for example, spent $112 million over the past 10 years on air pollution and noise abatement—a figure equivalent to k3 percent of its profit during the same ? ms k7 k-6 period. Another major airline flying the same route may have spent very little. Governmental expenditures on transportation may reflect different objectives such as: (1) The objective of efficiently providing transportation for goods which are desired by the public cr which may promote regional or national development. (2) An objective of stabilizing the economy through manipu lation of government expenditures on large, labor-intensive items such as aircraft. (3) A long-run development program with a steady path of transportation expenditure. ^Ibld., p. If. 1+7 'The topic of environmental quality and international trade is dealt with in Chapter Four, Section 5. John B. Beare, "Investment Policies and Economic  Stabilization Policies: A Case Study of TransportT" (paper presented at the University of Toronto, York University Joint Program in Transportation, Toronto, 1969). 21 Bach objective or development policy has a different effect on the aviation industry and may lead to a competitive-advantage-in international competition. I stated earlier that unique characteristics of the air industry in a particular country are based on the environmental, political and social climate. To expand on this, most of Canada's domestic trade, commerce, population, and transporta tion network has been confined to within k00 miles of the U.S. border. Recently, with an increased emphasis on frontier development of natural resource areas such as the Beaufort Basin and the MacKenzie Delta, the Arctic Islands, the New foundland-Labrador coast and the Northwest Territories, the role of the regional carrier will likely change. The use of helicopters, Beaver aircraft, STOL/VTOL, and others will no doubt increase. Along with this increase will come an emphasis on environmental protection and an orderly, planned development. The environmental climate for aviation develop ment in Canada will, except for the existing U-00 mile wide transportation network, be much different from the United States. On an international basis, the environmental climate for aviation development will be much more uniform, especially with regard to populated areas. The political climate of a particular nation is another unique characteristic worth noting. The degree of government control of airlines varies between nations, providing an inter esting mix of private enterprise motivated by profit and public ownership motivated to provide low cost public transpor-22 tation. The degree of federal, provincial, and municipal control over commercial aviation varies from nation to nation, compounding the problem of agreement on goals, priorities, and direction in the air transportation industry. The social climate of a nation refers mainly to the "way of life" of its people. As mentioned in Section 1.3, Canada is a very transport-oriented society. To what extent is the "average" Canadian willing to sacrifice quiet and clean air for the privilege of using air transportation. This balance or "trade off" decision is not easily made and, I suggest, may not be the same in Canada as in another nation. The determination of international standards by IATA, the United Nations, or any other supra-national body rests upon agreement of all nations involved. The mixed reaction of nations toward the SST indi cates some degree of latitude in this "trade off" decision. l.k.3 Summary This section briefly discussed common and unique charac teristics of the air transportation industry in Canada. The agreement on international standards with respect to environ mental quality must recognize the individual differences of each nation with respect to physical environment, social and political systems, and attitude towards a desirable balance of costs and benefits. It was also pointed out that a competitive advantage could be enjoyed by some nations if international agreement was not reached on regulations and standards. 1»5 International Implications of Domestic Legislation In August 1972, Richard Nixon made the statement that, "Environmental problems do not distinguish between national boundaries or differing social and economic systems."^ What does differ is the way in which nations and differing social and economic systems presently deal with environmental problems. The international implications of domestic legislation which reflects one nation's attitudes toward appropriate environ mental control may be the imposition of that country's goals on others.-*0 This is demonstrated by the achievement of nearly every goal, including nearly all the U.S. proposals, established for the U.N. Conference on the Human Environment in June, 1972rdespite opposition from several developing 51 countries. What are some of the negative aspects of imposing one nation's domestic legislation on other nations? The first draw back is that very few individuals, or groups, or nations, can divorce themselves from "their own" problems and look at the over-all problem of environmental degradation. Another draw back is that each nation has a unique combination of geograph-kq "The President's Message to CongressT August 1972, quoted in Environmental Qualitv-1972. Third Annual Report of  the Council of Environmental Quality (Washington, D.C.: U.S. Government Printing Office, 1972). ^°Mahlon R. Straszheim states in The International Air line Industry, p. 17, "Various nations differ in their atti tudes with regard to international air transport objectives. This can be explained in part by fundamental differences in social and economic institutions and ideologies." 51 J U.S. Council on Environmental Quality, Environmental  Quality—1972 (Washington, D.C.: United States Government Printing Office, 1972;, p. 80. 2k ical areas with different ecological tolerances (and even human tolerances) which will be reflected in domestic legislation. Finally, some nations are better prepared to bear the financial burden of the fight against pollution. What are some of the positive aspects of imposing one nation's domestic legislation on other nations? One definitely positive aspect is that of saving time. , If nations can agree to adopt policy already formulated and accepted by one or more nations, the speed of achieving uniform regulations may far out weigh the disadvantages mentioned above. A second advantage is that in the case of jet engine air pollutants and noise, the degree of latitude in establishing regulations is set more by safety considerations than by the physical environment. The third factor is that once a "spaceship Earth" closed system point-of-view is adopted, it is the total of all pollutants that is the important consideration. Nations putting forth legislation for world-wide acceptance are likely to be moti vated to do so because of their high percentage of this total rather than any ulterior motive such as preserving economic disparity between nations. The lead taken by the United States Federal Aviation Administration has been most fortunate for the international air industry. Stuart G. Tipton reports that:-*2 The net result of both the new engine technology of wide-body jets and the improved burner cans developed for present jets is that jets should be virtually smokeless by the mid-1970s. ^2Tipton, "Aviation's Three Environments," p. 2k. Advances in noise-suppression are slower; however, in late 1969 the FAA announced improved noise standards and the quieter engines of the Boeing 7L7, Lockheed 1011 and McDonnell-Douglas DC-10 -r-rr a sign of progress. 1.6 Summary A social system approach which recognizes interactions and feedback in the social, economic and political environment is required for an understanding of air transportation and the human environment. Gabriel Bouladon made a technological fore cast at the October 1968 IATA meeting which included the state-ment thatrJ The future of aviation is bright, but on one condition: it must be realized that its limitations are human and not technical. Administrators must tackle the diffi cult problem of airports with imagination and courage, and scientists must try to introduce their techniques into human life in such a way as to respect man's nature and environment. Similar thoughts were conveyed by Alan S. Boyd, who stated: The future not only of aviation but of all transporta tion will depend also on how well we are able to soften the impact of transportation on a world whose people are increasingly vulnerable to noise, pollution and disruption of their neighborhoods and lives. In this chapter I have introduced the subject of Air Transportation and the Human Environment and have related it to the Canadian and international scenes. Many of the problems of "•°Gabriel Bouladon, "A Technological Forecast," in Aviation's Role in Future Transportation (Munich: Inter-national Air Transport Association, 1968), p. 25. ^"Alan S. Boyd, "The Situation in North America," in Aviation's Role in Future Transportation (Munich: Inter-national Air Transport Association, 1968), p. 212. 26 noise and air pollution are dealt with through municipal chan nels at the source of the pollution. Although one cannot criticize those involved in the imposition of city bylaws and ordinances, there appears to be a definite need to address this difficult problem on a national, or better still on an inter national, level. The next chapter introduces some of the problems met in the human environment and reviews Canadian legislative attempts to solve these problems. 27 CHAPTER II AIR AND NOISE POLLUTION ABATEMENT LEGISLATION IN CANADA 2.1 State of the Art This section presents the existing air and noise pollu tion laws regarding air transportation in Canada. Some claim that, "In Canada the sky is exclusively a federal matter.""1" On the other hand the general list of powers in the British North  America Act makes clear the intention that local matters should be dealt with locally, while national matters are dealt with p nationally. It appears that the net result has been an absence of comprehensive jurisdiction at either level of govern-ment over all aspects of environmental management.-' Less than three years ago a survey conducted by Canadian Industries Limited for the Canadian Council of Resource Ministers came to the conclusion that: "*"R. Murray Schafer, The Book of Noise (Vancouver, B.C.: Price Printing Ltd., 1970), p. 17. o A good summary of proprietary and legislative rights of provincial and federal governmental bodies is given in E. Roy Tinney and J.G. Michael Parkes, "Enhancing the Quality of the Environment: Current Federal Legislation and Programs," Habitat« XIII, Nos. 5 & 6 (1970), 16-18. ^Stanley S. Stein, "Environmental control and different levels of governments," Canadian Public Administration. Vol. XIV, No. 2 (Spring, 1971), 1^2. LL Canadian Council of Resource Ministers, A Digest of  Environmental Pollution Legislation in CanadaT Air and Soil {Montreal, PJQ.* Canadian Council of Resource Ministers, 1970;, p. F-l. At this time "nuisance" provided a broad avenue 28 There is very little federal legislation on air pollu tion. The subject has not yet been treated in specific, comprehensive legislation. Among the enactments where the problem of air pollution has been treated inciden tally, the Criminal Code and Canada Shipping Act must be mentioned! As to the Criminal Code, its provisions on common nuisances would appear to extend to circum stances amounting to air pollution. In 1970 air quality was mainly under the control of provincial authorities with pollution control legislation in six provinces, little or no legislation in four Atlantic provinces and Nova Scotia leaving it to the municipalities to make local bylaws governing air pollution control.J The first major step toward comprehensive air pollution legislation came on October 9» 1970 vhen Prime Minister Trudeau announced Canada's new Department of the Environment which officially came into being June 11, 1971? following pro-clamation of the Government Organization Act. 1970. The new Department of the Environment,'7 also known by the short-form of legal action requiring lighter proof requirements than other common law doctrines. The Canadian Council of Resource Ministers predicted that "nuisance" would be the basis for battles waged against pollution in all its forms (see p. CL-1). ^Frank Morgan, PollutionT Canada's Critical Challenge (Toronto, Ont.: The Ryerson Press and MacLean-Hunter Ltd., 1970), p. 2*f. t\ Department of the Environment, Environment Canada. Its  Organization and Objectives (Ottawa: Information Canada, 197D. ^According to a recent publication of the Department of the Environment, Canada and the Human Environment, p. 33? the new Department of the Environment was built around the former Department of Fisheries and Forestry, and now includes the Meteorological Service from the Ministry of Transport, the Air Pollution Control and Public Health Engineering Divisions from the Department of National Health and Welfare, the Water Sector from the Department of Energy, Mines and Resources, the Canadian Wildlife Service from the Department of Indian Affairs and Northern Development, and the Canada Land Inventory from the Department of Regional Economic Expansion. 29 Environment Canada, was to: ...spearhead the attack on pollution and ensure the proper management and development of the country's renewable natural resources. It has the responsi bility to initiate Government-wide programs and to coordinate efforts related to environmental protec tion. It also provides specialist advisory services to other departments, both in the formulation of pro grams and the development of regulations under Federal Acts assigned to other Ministers. It is apparent that the formation of the Department of the Environment is not a "cure-all" $ however, the depth of environ mental concern in Canada is reflected in its formation. Today certain Acts embrace many facets of environmental control, whilst in other cases the legislation is divided among many Acts.^ The problems of mixed jurisdiction are dealt with in Section 2.L. 2.2 The 1971 Clean Air Act On June 23, 1971? Federal Parliament assented to the Clean Air Act which established air quality objectives for five major air pollutants: sulphur dioxide, particulate matter, carbon monoxide, photochemical oxidants and hydrocarbons."1"0 The national air quality objectives were developed in coopera-Department of the Environment, Environment and the Law. A Summary of Environmental Jurisdictions and Recent Federal  Anti-Pollution Legislation in Canada (Ottawa: Information Canada, 1972). ^Department of the Environment. Environment Canada, Its Organization and Objectives, pp. 88-89. 10Clean Air and Water News. Ill, No. k5 (1971), 687. Air quality objectives for nitrogen oxides, the sixth major air pollutant were under consideration but not announced at this time. 30 tion with provincial authorities and were based upon a review of current scientific knowledge.11 Figure 2.1 below shows how these objectives were set up. FIGURE 2.1 NATIONAL AIR QUALITY OBJECTIVES ^- kit wtt Measurements Start* Coring XdhonSfarH (ncrmMd W»eil-•^;;-fV;.i "V. ;t; '»'Vv. 'v.l; ' .* • **!S* 'r * Maximum Onir-able Limit Mai'iiMum Accepted Uiwit Maximo, * Source: Department of the Environment, Environment Canada.  Its Organization and Objectives (Ottawa: Information Canada, 1971). In establishing "desirable", "acceptable", and "toler able" levels for each major pollutant, recognition is given to differences between urban and rural settings. The use of three ranges enables the setting of priorities in tackling the pollu tion problem in Canada. Environment Canada projects that "immediate control and abatement action would be taken in areas where the maximum tolerable limit is exceeded and high priority 12 would be placed on other areas in the 'tolerable' range." 1:LCanada, Clean Air Act. 1971, 19-20 Eliz. 2, ch. k7, section 20 (2), Ottawa:Queen's Printer, 1971, p. 967. 12 Department of the Environment, Environment Canada. P. 37. 31 The main drawback with this scheme is that in those areas where information is plentiful, for example Hamilton, Sarnia, and Montreal East, realistic standards can be set, but in those areas such as the MacKenzie Delta and the Arctic Islands where information is scarce, realistic standards cannot be set with any degree of certainty. The danger, as I see it, is to define a level of pollution as "tolerable" only to find out in the long run this level was actually "intolerable". The Clean Air Act may be summarized as having the fol-1^ lowing objectives: J a) To ensure by defining various levels of pollution, com mon standards which will permit a unified response nationally. b) To support and complement existing provincial legisla tion, but permit federal action when necessary to protect health. c) To create an inventory of source emission data, Til. establish a national surveillance network, control the composition of fuels, etc. Perhaps the most impressive factor in the Clean Air Act is its abilities to order polluting businesses to cease opera tions and to levy fines, on summary conviction up to $500,000^ 1 "3 JBraithwaite, et al.. Transportation Pollution, p. 10. Tk The national surveillance network ties nicely into U.N. World Meteorological Organization (WMO) international sur veillance program (the Earthwatch Program) set up by the United Nation's Conference on the Human Environment held June 5-16, 1972 in Stockholm, Sweden. A rare example of coordinated action on pollution abatement and control. 15* -"A fine of up to $200,000. can be levied under Section 9 of the Clean Air Act (contravention of emission standards) and up to $500,000. under Sections 17 (failure or refusal to comply with an order to cease operations) and 22 (sale and use of con taminated fuel) of the Act. 32 Although these abilities have been created, the onus still rests with the population to use the legislative framework that has been provided. At Vancouver International Airport, for example, there are no air pollution monitoring devices. The general attitude is that air transportation contributes less than two percent to the total of all air pollutants emitted to 16 the atmosphere and no problem exists. The fallacy of this argument is pointed out by Ruppenthal, who states:1^ The people in the world are demanding a stop to the ever increasing levels of noise, smog, pollution, and stench. Unless the aviation industry recognizes that fact, and recognizes it squarely, it may well be faced with legislation that will be unduly restrictive and perhaps punitive. Far better that the industry admit the problems of noise, vibration, and smog for what they really are and begin to attack them realistically. The details released by the Los Angeles County Pollution Control District (see page 10) illustrate the fact that partic ulates from jet aircraft can be a serious problem. The Clean  Air Act provides the following definition: "air pollution" means the condition of the ambient air, arising wholly or partly from the presence therein of one or more air contaminants, that endangers the health, safety or welfare of persons, that interferes with normal enjoyment of life or property, that endangers the health of animal life, or that causes damage to plant life or to property. In the case of the Canadian air transportation industry, certainly the unique characteristics of Canadian northern 1 Daryll Smith, Canadian Air Transportation Administra tion, Pacific Region, telephone conversation at Vancouver International Airport, Vancouver, B.C., February 19, 1973. 17 'Karl M. Ruppenthal, "Some Socioeconomic Considera tions" in Air Transportation—A Forward Look (Stanford, Calif.: Stanford University, 1970), p. 159. l8Clean Air Act. Chapter k7, Section 2(1)(b), p. 951. development and the dangers of upsetting the ecological balance and social patterns in low population density areas must be considered. The inadvertent modification of climate and the problems of particulate concentration in urban areas provide other challenges which may be categorized under the heading "air pollution". The Clean Air Act of 1971 has set up a framework for effective legislative action in the control of air pollution. This represents a positive step in the direction-of an overall environmental management program, a step in keeping with a social system approach to the problem of Air Transportation and the Human Environment. 2.3 Noise Pollution and the Law At the federal level the control of noise in Canada is covered by Chapter ih of the 2nd Supplement of the Revised Statutes of Canada 1970. which states:1^ Section 6. The Minister of the Environment, in exercising his powers and carrying out his duties and functions under Section 5» shall (a) initiate, recommend and undertake programs, and coordinate programs of the Government of Canada, that are designed to promote the establishment or adoption of objectives or standards relating to environ mental quality, or to control pollution; and (b) promote ana encourage the institution of prac tices and conduct leading to the better protection and enhancement of environmental quality, and co operate with provincial governments or agencies thereof, or any bodies, organizations or persons, in any programs having similar objects. X7Revised Statutes of Canada. 1970. Chapter XIV (2nd Supplement), Government Organization Act. 1971, Part I, Department of the Environment Act (Ottawa: Queen's Printer, 197D, p. 177. Although this statute gives the Minister of the Environ ment the power to enact laws on noise pollution, this power has not been used and most noise pollution law is in the form of civic bylaws. Mr. J.W. MacNeill outlined the federal govern ment contribution to solution of the noise problem in two areas during a Conference on Noise in the Environment held in Toronto in April, 1971. He stated:20 Generally, the work falls into one of two categories: 1. Research on the physics or the physiology of noise; and the measurement of noise. (National Research Council, the Defence Research Board, and the Occu pational Health Division of the Department of National Health and Welfare handled this research until the Department of the Environment incorpo rated it under the Assistant Deputy Minister, Atmospheric Environment (noise pollution research group)).21 2. Development and application of regulations or guide lines concerning noise and its control, (now in corporated under the Assistant Deputy Minister, pp Environmental Protection (noise control group)), d MacNeill also stated that the Civil Aviation Branch of the Department of Transport, "has been devoting a great deal of attention, particularly during the past two or three years, to noise in connection with airports.2-^ The fact of the matter is that, at the present time, noise abatement policy for air craft covers take-off and landing procedures under certain J.W. MacNeill, "Legislation and Administration for Noise Control, The Federal Role" in A Conference on Noise in the Environment (Toronto: The Conservation Council of Ontario, 197D, P. 117. p] Department of the Environment, Environment Canada. 22Ibid. ^MacNeill, "Legislation and Administration," pp. 117-118. 35 circumstances only, and there are no regulations governing the noise of small planes and helicopters of any kind. R. Murray Schafer provides a picture of the situation in 1970 by stating: At some of the larger airports there are certain pro cedures for larger aircraft...These procedures include the use of preferential runways, special climb and approach profiles for jets designed to reduce engine noise as much as possible consistent with safe opera tion of the airplane, and partial curfews of flights between midnight and 7 a.m. ...no regulations exist regarding the maximum permissible noise levels (in dB or some other acceptable quantified system) and thus no legal penalties for infractions could possibly exist. Canada is behind many other airport authorities where fixed limits are in force and computerized monitoring systems exist. This situation has not changed appreciably in the last three years. Conversations with Mr. W.L. Inglis, Airport General Manager for Vancouver International Airport, and Operations Officer Mr. Ken Simpson on February 19, 1973 revealed an absence of continuous noise monitoring devices at Vancouver International Airport and only one mobile unit to measure 25" noise levels "in the event of a complaint". y A single page ?6 Noise Abatement Procedures guide issued in November 1971 by the Department of Energy, Mines and Resources provided flight procedures based on avoiding low level flight over residential areas. A survey of noise abatement procedures for Edmonton ^Schafer, The Book of Noise, pp. 17-18. 2^Daryll Smith, Canadian Air Transportation Administra tion, Pacific Region, telephone communication, Vancouver, B.C., February 19, 1973. 26 Canadian Air Pilot Publication, Noise Abatement Pro cedures, Vancouver International Airport, Vancouver, B.C. (Ottawa: Department of Energy, Mines and Resources, 1971), p. L-k. 36 International, Edmonton Industrial, Winnipeg International, Toronto International, and Montreal International airports2''7 revealed an emphasis on minimum circuit heights, preferential runways, maximum climb rates to 3,000 ft. ASL, and restricted hours of non-emergency airport use. Only in the case of Montreal International Airport was "fully automatic noise monitoring" installed (on the approaches to runways 06L, 06R and 2kL), although several airports had mobile equipment for pO monitoring aircraft noise in any area around the airport. The legislative power of the provincial government vis-a*-vis noise pollution has been in the past and will con tinue to be nil. As Cummings and Mastomatteo put it, "Aircraft noise and its control comes under the jurisdiction of the Federal Ministry of Transport."2^ Yet this really oversimpli fies the question of jurisdiction. Certainly the majority of noise pollution legal cases have been the result of municipal bylaws. This method of handling environmental disputes has been criticized, by both those involved in the disputes and the Municipal judges themselves. Mr. D. Hambling, Municipal ^Ministry of Transport, Civil Aviation Branch, 1971  Flight Information Manual (Ottawa: Information Canada, 1971), PP. 5-21 to 5-39. 28Ibid.. p. 5-36. 29 7L.T. Cummings and E. Mastomatteo, "Legislation and Administration for Noise Control, The Provincial Role," in A Conference on Noise in the Environment (Toronto: The Con-servation Council of Ontario, 197D, p. 126. Solicitor for the City of Ottawa states: The court is not the least bit concerned with expert scientific evidence that noise at a certain level is objectionable and disturbs the community, unless the evidence can be proved beyond a reasonable doubt and within the principles of law as contained in the strict rules of evidence. In this connection diffi culties are encountered with the courts, who before they will register a conviction under the anti-noise bylaw must be satisfied that in law the noise con stitutes a public nuisance ... what may constitute nuisance to one person is not necessarily nuisance to another. West Vancouver's Noise Abatement Bylaw (No. 21L1), passed in 1967, reads as follows: No hawker, huckster, pedler, petty chapman, news-vendor or other person shall by his intermittent or reiterated cries disturb the peace, order, quiet, or comfort of the public. Clearly legislation of this nature cannot be the basis for a serious protection of our environment.^ As Victor Yannacone one of the foremost researchers in the legal aspects of J D. Hambling, "Legislation and Administration for Noise Control, The Municipal Role", in A Conference on Noise in the Environment (Toronto: The Conservation Council of Ontario, 1971), pp. 130-131. •^According to "Survey Blames Public, Few Anti-Noise Laws Found," Vancouver Sun. March 6,. 1973, P. 2. A recent survey carried out on 90 communities en titled Survey of Community Noise Bylaws in Canada (1972) found only 3 to have effective legislation. Citizens' com plaints lists motor vehicles as the No. 1 noise-maker, with construction second, surpassing barking dogs and late-night parties. The survey finds that Quebec City and Calgary have the most effective enforcement practices, and Burnaby has an explicit plan to reduce noise by reducing permitted levels over a period of time. While h municipalities are enacting their first anti-noise pollution legislation and 7 are re viewing their current bylaws, 12 are awaiting reports of studies, 16 are awaiting provincial legislation, and k-Q have no plans for the future. Aircraft noise has not been com prehensively attacked in existing Canadian municipal bylaws. 38 environmental protection, states:-^ And now when we look to the law for answers to many of our social and environmental problems, we find that the law itself is the cause of many of those problems. There are three avenues of appeal to the law for protec tion of the environment—judicial, administrative, and legis lative. Judicial is basically an appeal to the federal, provin cial, and municipal courts in which litigation is based upon statutory interpretation, and the common law of nuisance, negligence, and trespass. This emphasis on the "basic rights" of people and equity under the law does not represent a real istic approach to noise and air pollution in the aviation field. The administrative approach relies upon federal and regional regulatory agencies such as the Environmental Protection branch of the Department of the Environment and the Greater Vancouver Regional District. This approach can be particularly useful if the district serves a complete environmental region and not just a political region. Pollution recognizes only physical boundaries and should be handled within these boundaries. The third avenue, legislative, in my opinion comes closest to the macro-system approach required for environmental planning and control. Yannacone refers to this level as, "Developing new legislation that is ecologically sophisticated, environmentally relevant, socially responsible, and politically feasible."33 32Victor J. Yannacone, Jr., "Environment and the Law," in Environment—Resources, Pollution and Safety, ed. by William W. Murdoch (Stamford, Conn.: Sinauer Associates, Inc., 1971)> P. 369. 33ibid. 39 By developing statutory law on the federal level, fully recog nizing regional differences and accomodating such differences, considerable gains can be made. The Clean Air Act of 1971 has started in the legislative direction concerning air pollution. On the other hand, a great deal of foresight and planning has gone into the develop ment of plans for Ste. Scholastique Airport (Montreal II) with out the benefits of specific noise legislation at the federal level. Perhaps it is time to put the cart back behind the horse on noise abatement legislation and pass a Noise Control Act of 1973J 2»k Problems of Mixed Jurisdiction The problems of mixed jurisdiction over responsibilities for the preservation and enhancement of our surroundings are most evident in the handling of noise and air pollution from jet aircraft. Malton, Toronto's International Airport, is the second busiest in Canada and already overloaded. John Skells, chairman of the Etobicoke Planning Board in whose area the air port lies, has claimed that ..."large jets discharge 70 pounds of pollutants each time they land. But techniques for measur ing the degree and kinds of pollution are too unsophisticated ok to be used as a basis for realistic control legislation."J Although measuring techniques are, in fact, available the main problem lies in jurisdiction. The Federal government adopts the attitude that, "Effective response to the challenge of 3kFrank Morgan, Pollution. Canada's Critical Challenge. p. 50. 1*0 pollution depends, in the last analysis, not simply on a fixed jurisdictional framework, but on a flexible cooperation between the federal and provincial government, working together in pro grams of joint interest and concern."^^ To the municipal planner such phrases as "flexible cooperation" must be synony mous with inefficiency and lack of responsibility. Jurisdic tional uncertainty presents real obstacles to the satisfactory integration of environmental management programs. "Canadians," said Ron Harding (NDP—Kootenay West) recently, addressing the House of Commons, "are sick and tired of having the solution of pollution problems delayed because of mixed 37 jurisdictions.'"1-" The fragmented approach used in Canada is inherent in the BNA Act, which does not facilitate a social system approach to problem solving. J.W. MacNeill describes the jurisdictional problem thus;^® At present, all orders of government have substantial roles to play in managing the environment—federal and provincial authorities by virtue of a wide variety of powers, and municipal authorities with the powers and responsibilities assigned them by provincial legisla tures. ... There is considerable disagreement, however about where the boundaries lie between the jurisdic tional spheres of each government. This jurisdic tional uncertainty presents real obstacles to the satis factory integration of environmental management pro grams. It also makes it difficult to describe the existing jurisdictional framework. Law. J-Department of the Environment, Environment and the 36-J.W. MacNeill, Environmental Management, A Constitu tional Study Prepared for the Government of Canada (Ottawa: Information Canada, 1971), p. 9. 3?The Vancouver Sun. "Clean Air Bill Challenged as Anti-Pollution Weapon," February 20, 1971. 3^J.W. MacNeill, Environmental Management, pp. 8-9. The truly short-sighted and unrealistic approach to this prob lem is, in my opinion, reflected by Tinney and Parkes' recom mendation. They state:^9 To be effective and efficient, joint Federal-Provincial consultation, negotiations and cooperation are essential. In the past this has sometimes meant interminable wrangling, bickering and little action. Yet the urgency of the environmental pollution problem, its crisis sig nificance for all Canadians, and its effect on the very quality of our way of living provide the catalyst for the cooperation missing in the past. The difficulties with this approach are the following: 1) There is no reason to believe that those concerned with the "wrangling" and "bickering" do, in fact, either realize or care about environmental protection, except in a very peripheral way as a plank in their political platforms. 2) The tremendous back-log of failures in Federal-Provincial negotiation certainly argues in favor of con tinued failure in the future, especially on matters in volving governmental expenditures. 3) It deals with the effects of mixed jurisdiction and not the cause, a point I will expand upon. If Canadians are to restore and enhance the quality of their environment the legislative structure must change. Any attempt to coordinate a program of action within the existing legislative framework will meet with internal, structural problems. The resulting inefficient legislation produced by such an attempt will reflect these inherent weaknesses. To chart a course of action which will be responsive to a changing, dynamic environment and simultaneously respon-3%inney and Parkes,"Enhancing the Quality of the Environment p. 18. h2 sible to the people of Canada the underlying rule-making struc tural framework cannot be divided. One might compare this to a business organization. If the underlying structural components —the unity of command, chain of command and communications network—are weak, the organization's chances for survival in the business environment are weak. In my opinion, the best way around the problems of mixed jurisdictions in Canada, the resulting inefficiency, and the difficulties in dealing with the complexities of the human environment of the 1970s is to structurally upgrade the legislative framework of the 1860s. The British North America Act was passed by British Parliament in 1867 and stands virtually unchanged today, 106 years later?"0 Modern day technology creates modern day problems. In the social sciences these problems are becoming increasingly com plex and difficult to solve. By starting at the structural cause of the problem rather than blindly attempting to design around its effects perhaps these social science problems will be reduced to a reasonable size and eventually solved. 2.5 Law as Social Policy The rights of property holders near airports to a quiet and clean environment have increasingly come into conflict with whatever rights the public has to relatively unrestricted air Provincial legislative rights over resources (Section 92, BNA Act) and Federal legislative rights under the BNA Act, International treaties and the Criminal Code are par ticularly confused. Similarly provincial proprietary rights over resources (Section 92, BNA Act) overlap to some extent with Federal proprietary rights over resources (Sections 108 and 117, BNA Act;). k3 hi travel. The air traveler is entitled—as a matter of absolute right—to the safest possible flight which the state-of-the-art in modern aviation technology is capable of provid ing. The homeowner and the man on the street are entitled to protection from the hazards of aircraft operations. Environ mental law is not new. There have been suits for many years, but they have usually revolved around damage to an individual or his property, and seldom have dealt with such intangibles as the desecration of a community or a region. J This basic issue of individual rights and community rights poses a diffi cult balancing process for the government and results in the formation of social policy. Figure 2.2 illustrates this pro cess. Dudley F. Pegrum states, "It is the task of the law, as it is concerned with economic policy for private business, to develop formal controls or rules that will set the limits within which private enterprise can be left free to use its own discretion." The desirable degree of discretion should be Michael B. Meyer, "Air and Noise Pollution Surround ing Airports: East Haven v. Eastern Airlines. Inc." in Environmental Affairs (Brighton. Mass.: Environmental Affairs, Inc., Boston College Law School, 1972), p. 862. Victor J. Yannacone, Jr., "Aviation and the Law" in Master Planning the Aviation Environment (Tucson, Arizona: University of Arizona Press, 1970). ^Thomas w. Wilson, Jr., International Environmental  Action, A Global Survey (Cambridge, Mass.: Dunellen, Uni versity Press of Cambridge, Mass., 1971)j p. 81. ^Dudley F. Pegrum, Transportation Economics and Public  policy (Homewood, Illinois: Richard D. Irwin, Inc., 1963), p. 251. FIGURE 2.2 THE FORMATION OF SOCIAL POLICY based on the concept of social responsibility of business, a topic to be discussed later. Pegrum's remarks prompt one to. investigate several questions, the first being which governing body should develop the formal controls or rules he mentions. As shown in Figure 2.2 the inputs to government consist of the vested interests of the travelling public, property holders (which may not be mutually exclusive of the travelling public), and the remainder of the electorate. Other input may include the recommendations of governmental agencies, private enter prise, and experience of other decision-making bodies addres-L5 sing environmental policy issues. Several factors favor a federal government formulation of social policy concerning noise and air pollution associated with airport location. These factors include: J 1. Provincial and municipal authorities are loath to en force anti-noise ordinances due to a variety of reasons including the fear of losing an important industry to another province. On the municipal level this may take the form of fear of lost employment for area residents. 2. Federal authority transcends political boundaries and thus can be more objective and provide consistent policy between airports within Canada. 3. The federal government is in the best position to con duct research, to obtain feedback, and to build upon the knowledge gained in sequential installation. h. The federal government must make decisions representing Canada on the international scene in such areas as land ing rights for the SST and should therefore have a good feeling of national purpose and development. If the federal government is the body best suited to develop the formal controls or rules governing environmental problems it must be prepared to consider all relevant input streams and perform a balancing process. How is this accomplished in fact? On August 2nd, 1968, the Federal Minister of Transport announced, "plans for early discussions with provincial and municipal authorities and airlines regarding the major expan-^Several of these factors are discussed at greater length by James M. Kramon, "Noise Control: Traditional Remedies and a Proposal for Federal Action," Environment Law Review—1971 (Albany, N.Y.: Sage Hill Publishers, Inc., 1971), p. 298. 1+6 sion of airport facilities to serve Toronto and Montreal and the metropolitan region surrounding each* This announcement not only brought into sharp focus the serious complaints of home owners in the vicinity of the Toronto and Montreal airports regarding existing noise and particulate levels, but also made existing home owners realize the possible impact of future air traffic on thousands of home owners in other areas. Pierre J. Levasseur outlined the federal government's balancing of input factors and resulting perception of socially desirable policy 1+7 with respect to Montreal's problems as follows: ' The problem of noise can be met by three actions: control of flight procedures, reduction at source and, most drastically, control of residential development in the immediate proximity of the airport. The third method is the most efficient at this time, although future developments may be expected to reduce aircraft noise. But, it is also costly, financially and socially, if a great number of people live in close proximity to the proposed installation. This course of action also requires a proper zoning system and legislation to guarantee the results desired. After considering all these factors, the Canadian Government decided to take a bold course of action and expropriated 90,000 acres of land, comprising an operational zone of 20,000 acres and 70,000 acres of land within noise zones. A second, and equally important, step taken by the Canadian Government was the formation of a seven discipline team to study the impact of the airport on the ecological system, from its effects on the environment to its effects on the population. 1+6 A.B. Rosevear, "Noise in the Vicinity of Airports and Sonic Boom," Chitty's Law Journal (January 1969)? 3. 'Pierre J. Levasseur, "Aviation and the Human Environ ment, Land-use planning protects airport and community," ICAO  Bulletin (April, 1972), 2-3. k7 One of the major causes of environmental problems facing society has been a lack of appreciation and understanding of the "intimate linkages existing between the physical and the 1+8 social environments." Another point made by Pegrum is that "... law is really social policy expressed in legal rules." 7 Referring once more to Figure 2.2 it is only when the government has balanced the input components and arrived at its perception of a socially desirable policy that it is ready to enact laws to ensure a particular course of action. This final step is required to provide feedback to the public and to industry. The Clean Air Act and the Expropriation Act set up such a feedback network. From the point-of-view of the airlines such a legal framework is necessary to provide guidance in areas that otherwise would be directed by the profit motive. It is only when a complete network has been formally set up that both the air traveller and the home owner can be satis fied, and that private enterprise can be receptive to the wishes of government and the people. It is only when social policy has been expressed in legal rules that it is adequately expressed. William Baxter suggests that:-*0 "The basic test of 1+8 Thomas W. Thompson, et al., "Biophysical Environment and Human Behaviour; Linkages and Feedback Systems," in Environmental Quality and Social Responsibility, ed. by R.S. Khare, J.W. Kolka, and C.A. Pollis (Green Bay, Wisconsin: University of Wisconsin, 1972), pp. 53-5L. ^Pegrum, Transportation Economics and Public Policy. p. 252. ^°William Baxter, "Noise: Legal and Economic Implica tions," in Air Transportation—A Forward Look, ed. by Karl M. Ruppenthal (Stanford, Calif.s Stanford University, 1970), p. 107. U-8 the soundness of any legal rule is whether it encourages the type of behavior the community wishes to encourage." Without legal rules one may never have the opportunity to make this basic test. 2.6 Landmarks in Environmental Law—Air Transportation There are very few Canadian cases reported on the subject of noise and air pollution created by aircraft. A survey of Canadian cases augmented by a few of particular interest in the United States reveals that the "landmarks" in environmental law are scarce indeed. This section outlines a few cases to provide a framework for future environmental legislation and litigation. The case of Nova Mink v. Trans-Canada Air Lines ((1951) a D.L.R., 2^1) was one of the earliest cases to reach Provincial Supreme Court. In that case the Supreme Court of Nova Scotia decided, on appeal, that the pilot of the aircraft in question, "did not have a duty to ascertain the location of the plaintiff's mink farm and then to fly above it to avoid disturbing the mink and thus causing them to devour their young." The case was founded on negligence and the plaintiff failed. A similar judgment was handed down by the judge in a United States case. East Haven v. Eastern Airlines, Inc. (331 F. Supp. 16),^2 wherein the court ruled in favor of the ' Rosevear, "Noise in the Vicinity of Airports and Sonic Boom," p. k. See also Daroway v. The Queen (1956) Ex. C.R., 3*+0. ' Reported in Meyer, "Air and Noise Pollution Surround ing Airports," p. 862. ±9 public's right to unrestricted air travel. Cedarhurst, New York, near Idlewild Airport, was the scene of yet another con flict in which aviation interests won.-^ On the other side of the coin, an increasing social awareness of the problem of noise pollution from jet aircraft has more recently prompted action favorable to the land-owning ck public. Ruppenthal gives the following examplexJ Early in 1970, a Superior Court in Los Angeles ruled that 539 property owners near the Los Angeles Inter national Airport were entitled to damages because of jet aircraft noise. Damages In the amount of #7^0,000. were awarded against the Los Angeles Air ports Department. The court found jet noise inter rupted normal conversations, radio and television reception, and sleep; that it interfered with personal comfort, enjoyment, and the convenience of living. Shortly after the Superior Court decision, the City of Los Angeles announced that it would appeal the decision. Despite a history of limited success, "The courtroom is the last arena where the individual citizen can meet big business or government bureaucracy and hope to survive.nJJ More success has been enjoyed by citizens' groups and entire muni cipalities whose concern is the overall region in which they live than on an individual citizen basis. Santa Monica, -^Karl M. Ruppenthal, "Some Socioeconomic Considera tions" in Air Transportation—A Forward Look (Stanford, Calif.: Stanford University, 1970), p. 158. ^"Karl M. Ruppenthal, "Problems of Aircraft Noise and Exhaust," Faculty of Commerce and Business Administration, University of British Columbia, Vancouver, B.C., 1972. (Mimeographed.) tor J. Yannacone, Jr., Bernard S. Cohen, and Steven G. Davison, Environmental Rights and Remedies (Rochester, New York: The Lawyers Cooperative Publishing Co., 1972). California,^ and Mbrristown, New Jersey,-^7 for example, have established permissible noise levels for takeoff operations,J and the City of Inglewood, which adjoins Los Angeles Inter-erg national Airport, specifies in their ordinance:^7 It shall be unlawful for any person to operate, run up or test or cause to be operated, run up or test an aircraft jet engine which creates a noise level of 50 dBA or more at any place within an inhabited residential zone of the City of Inglewood between the hours of 10:00 p.m. and 7*00 a.m. Such action may not be legally binding from a jurisdictional point-of-view*0 but it does reflect the underlying "trade-c/6 J Santa Monica and Morristown are general aviation air ports very close to populated areas. See Stagg y. Municipal  Court of Santa Monica. California Court of Appeal, Second District, December 4-, 1969, cited by Clifford R. Bragdon, Noise Pollution, the Unquiet Crisis (Philadelphia: University of Pennsylvania Press, 1971). y'Township of Hanover v. The Town of Morristown, New Jersey Superior Court, Chancery Division, December 10, 1969, cited by Clifford R. Bragdon, Noise Pollution, the Unquiet  Crisis (Philadelphia: University of Pennsylvania Press, (197D. ^Clifford R. Bragdon points out, in Noise Pollution. The Unquiet Crisis (Philadelphia: University of Pennsylvania Press, 1971), P. 182, that airports have avoided establishing noise limits for landing jet aircraft due to safety considera tions. Up until 1968 all U.S. aircraft had federal permission to make as much noise as they cared. The United States' first federal regulation limiting the noise of new commercial and civil aircraft was promulgated by the FAA in late 1969 (see Robert Lindsey, "FAA Acts to Cut Noise of Jetliners," New York Times, November 13, 1969). Canada's regulations are yet to appear. •^Noise Regulation, Section 1+622, Noises—Jet Engine Testing, Ordinance Number 2018, Chapter 6, City of Inglewood, California, 1969, cited by Clifford R. Bragdon, Noise Pollu tion. The Unquiet Crisis (Philadelphia: University of Penn-sylvania Press, 1971). See also, The Ten Point Action Pro gram for the Alleviation of Noise Pollution in Inglewood. January 1, 1970, cited by Bragdon, Noise Pollution. The  Unquiet Crisis. 60™ . , Municipal ordinances which attempt to ban excessive offs" acceptable to the general public and gives clear warning to the federal government and to the aircraft industry that the public is very much disturbed by the problem and demands a solution. It is obvious from the time period (10 p.m. to 1 a.m.) mentioned in the City of Inglewood's municipal ordin ance that the public is willing to forego any benefits which might accrue from increased commerce during this time period for the benefits of a good night's sleep. The inhabitants of Inglewood are not concerned about the problems of airline scheduling (i.e. a plane leaving at 10 p.m. may arrive at its destination at 3 a.m.), they are concerned about their own perceived self-interest. This gets back to a point made in the Introduction, from each separate viewpoint the system's elements rank differently. A systems analysis approach to the problems of air and noise pollution in the air transportation industry is required. A 1969 case, under the Federal Aviation Act in the United States» reemphasizes a macro approach to environmental planning.' In Palisades Citizens Association v. CAB 0*20 F. 2d 188 (D.C. Cir. 1969)), citizens concerned " ' II! I ! jet noise and sonic booms caused by airplanes flying over their territory, may be invalidated, as was the case in American Air lines, Inc. v. Hampstead. as discussed in the New York Times, July 1, 19o7, p. M-8), and in Yannacone, Jr., Cohen, and Davison, Environmental Rights and Remedies, Vol. II, Ch. xi, p. k08. 61 John Y. Pearson, "Toward a Constitutionally Protected Environment," Environment Law Review—1971, (Albany, N.Y.: Sage Hill Publishers, Inc., 1971), p. 67. 52 about the "environmental impact" of a proposed heli copter service attempted to intervene in Civil Aero nautics Board hearings. Although the District of Columbia Circuit upheld the CAB's denial of inter vention, the court cautioned that the Federal Aviation  Act's standard for CAB certification of carrier service —"The promotion, encouragement and development of civil aeronautics" (L9 U.S.C. £ 1302(f) (196*+)) — requires consideration of the impact of proposed activities upon the public interest in environmental protection. The court concluded that (T)he public interest in the "promotion, encouragement, and development of civil aeronautics" demands considera tion by the Board of the extent to which a grant will affect persons and property on the ground below the route. A certificate to a carrier (or the institution of a service) which would substantially increase the intensity of noise (or the) degree of air pollution ... would be contrary to the spirit and the letter of the Federal Aviation Act. This case, while finding in favor of the Civil Aeronautics Board, worded its cautionary notice to clarify and extend the Federal Aviation Act and to emphasize the importance of due consideration of the public affected by its actions. The landmarks in environmental law vis-a*-vis aviation are slowly being formed, but many citizens are starting to question the ability of the present structure to keep up with the present rate of environmental degradation. U.S. Senator Edmund S. Muskie, Chairman of the U.S. Subcommittee on Air and Water Pollution expresses these doubts. He asserts Because environmental law is inseparable from other areas of the law, notably tort law and transportation law, our work cannot be limited in its scope only to pollution. Our environmental problems stem largely They were specifically concerned that helicopter traffic above their property would cause noise, air pollution and safety hazards. ^^Bdmund S. Muskie, "Torts, Transportation, and Pollu tion: Do the Old Shoes Still Fit?", Environment Law Review— 1971 (Albany, N.Y.: Sage Hill Publishers, Inc., 197D, pT"?63. 53 from a pressing need to emerge from the entire system of legal theory and precedent that guided us during the first century of industrialization in this country. Much of this theory and precedent will remain viable in the years ahead, but more must be reexamined and changed as we move into the final third of this century. In Canada, demand for environmental impact studies and respons ible action by government officials is increasing and with such demand an increasing emphasis on long-term strategy. Is the Canadian government accepting the challenge? On one hand the Minister of the Environment for Canada, Mr. Jack Davis, 6k shows true recognition of the problem at hand. He asserts: Obviously, we need new attitudes and new laws to protect our fragile environment from our depreda tions. These laws, like nature's laws, must be universal. They must be more than local, more than regional, more than national. They must be global. On the other hand; however, he indicates a refusal of the federal government to accept the challenge, stating: J Although the federal government will play a lead ing role in working toward a cleaner environment, legal responsibility for preservation and enhance ment of our surroundings is shared in varying degrees by the governments at the federal, provincial, and municipal levels. The most significant landmark in environmental law, a national unified approach to solving pollution problems, is yet to come. The human environment may get a lot worse before it gets better. 6k Department of the Environment, Canada and the Human  Environment, p. 6. 6^Ibid., p. 21. 2.7 International Agreement on Noise Levels and Air  Pollution Standards International air travel has grown substantially in the last decade due to a number of key, interacting considerations: (1) greater discretionary income, (2) greater propensity to travel by air, (3) reduced travel costs, (h) shorter travel times with the advent of longer range and faster aircraft, and 66 (5) improved service through extended bilateral agreements. With this increased air travel an integration of business and transportation on an international level has developed. It is obvious that international treaties and conventions are needed to resolve international environmental conflicts. There is growing concern over our global environment which transcends purely national interests, and it is foreseeable that in the near future a body of transnational environmental law will be developed.^ To date, no survey of noise pollution has been made on an international scale, however the 22-nation Organization for Economic Cooperation and Development (OECD) has announced its intention to establish international tolerance limits for 68 environmental pollutants. Richard Gardner does not feel that 66 Canadian Air Transportation Administration, Pacific Region, Public Information Kit. 67 'Yannacone, Jr., Cohen, and Davison, Environmental  Rights and Remedies. Vol. II, Ch. xi, p. ¥+2. 68Farnsworth, "O.E.C.D. Will Set Pollution Limits," New York Times. February 19, 1970, p. 11. Under this plan countries who exceed the limits would pay indemnities. Mem bers of OECD include Canada, the United States, Japan and 19 Western European countries. The major drawback is that the organization operates by voluntary compliance and there 69 this is enough. He states: 7 The United Nations is the only framework available for cooperation on both an Bast-West and a North-South basis. While environmental cooperation through forums like the North Atlantic Treaty Organization (NATO) and the Organisation for Economic Cooperation and Develop ment (OECD) can be a useful supplement to United Nations efforts, it is no substitute for them. One would certainly have to agree that action at the U.N. level is most appropriate in air transportation. Some work is presently taking place conducted by the World Meteorological Organization (WMO), This work consists of monitoring air pollution of global significance and standardizing national data (the Earthwatch program). The International Civil Avia tion Organization (ICAO) has held a conference at which the development of international standards and recommended prac tices for aircraft noise abatement and the study and measure-70 ment of sonic booms were discussed. is no way of enforcing action on the independent governments. It cannot be assumed that all the members will adhere to the standards of environmental controls. 69Richard N. Gardner, "The role of the U.N. in Environ mental Problems," in World Bco-Crisis. International Organiza tions in Response, ed. by David A. Kay and Eugene Skolnikoff (Madison, Wisconsin: The University of Wisconsin Press, 1972), P. 71. ^0Brian Johnson, "The United Nations' Institutional Response to Stockholm: A Cast Study in the International Politics of Institutional Change," in World Eco-Crisis. International Organizations in Response, ed. by David A. Kay and Eugene Skolnikoff (Madison, Wisconsin: The University of Wisconsin Press, 1972), p. 89. 56 The principles, adopted at the United Nations Conference on the Human Environment held June 5-l6, 1972 at Stockholm, Sweden, emphasize a true concern over international agreement on environmental protection. Principles 5 and 25 in particu lar are idealistic but necessary goals for the nations of the world. Principle 5. The non-renewable resources of the earth must be employed in such a way as to guard against the danger of their future exhaustion and to ensure that benefits-, from such employment are shared by all mankind.' Principle 25. States shall ensure that inter national organizations play a coordinated, effi cient and dynamic role for the protection and improvement of the environment.'2 The Stockholm Conference provided three main contributions to environmental improvement:^ (1) A declaration of principles, which was an "aspirational" document to commit government to a common direction for action. (2) An "Action Plan", which covered 109 recommenda tions including 110 Earthwatch stations, a nuclear body, a special environmental fund, energy con siderations, and preliminary ground rules for the 197k World Population Conference. (3) The setting up of an institutional framework for further conferences and an Environmental Secretariat (physically located in Nairobe, Kenya) reporting to the U.N. General Assembly. These are major steps forward as far as international action 'U.S., Congress, Senate, Committee on Foreign Relations, Report on the United Nations Conference on the Human Environ ment. 92nd Cong., 2nd sess., 1972 (Washington, D.C.: Government Printing Office, 1972), p. 16. 72Ibid., p. 19. ^This section draws in part from Dr. Hugh Keenley-side's January 26. 1973 Westwater Lecture presented at the University of British Columbia, and entitled, "The Stockholm Conference on the Environment: An Assessment." 57 is concerned; however, there are some difficult problems to overcome to change general agreements into binding legislation. Among these are the problems of economic development of the 7k developing nations, the time factor involved in developing 75 formal system analysis toolsthe problem of bringing our patterns of consumption into line with the realities of 76 ecology and the world resource situation' and the tremendous amount of money required to finance an international effort of 77 this magnitude.'' 7k ' Miguel A. Ozorio de Almeida expands upon this factor, claiming that, "Any efforts in the direction of a solution of the pollution of poverty unconnected to the process of resource accumulation through development would be self-defeating, because resources thus would be diverted to compensate for effects instead of tackling the real causes of the problem." He states, "If the Stockholm Conference is to tackle this problem, then it must also be an economic development con ference." From, Miguel A. Ozorio de Almeida, "The Confronta tion Between Problems of Development and Environment," in Environment and Development.. Carnegie Endowment for Inter national Peace, No. 586 (New York: Carnegie Endowment for International Peace, 1972), pp. 37-56. ^Dennis L. Meadows and Jorgen Randers, "Adding a Time Dimension to Environmental Policy," in World Bco-Crisis. International Organizations in Response, ed. by David A. Kay and Eugene Skolnikoff (Madison, Wisconsin: The University of Wisconsin Press, 1972), p. 50. ^Paul R. Ehrlich and Anne H. Ehrlich, Population  Resources Environment: Issues in Human Ecology (San Francisco: W.H. Freeman and Company, 1970), p. 323. ^The amount of money allotted the special Environ mental Agency of the U.N. Secretariat was 100 million dollars for five years, whereas estimates to clean up the United States alone range up to $l6k billion. The United States has also reduced their annual contribution from $800,000. to $250,000. Speaking only of jet aircraft for a moment, there are several factors which favor a solution to air and noise pollu tion problems within a relatively short time horizon. The most evident factor is that commercial jet aircraft are produced in large quantities by relatively few manufacturers. Seven engines presently account for most of the North American noise and air pollution; these are the JT3C-6 (Boeing 707), JT3D (Boeing 720, Douglas DC-8, and Boeing 707), JT*+A (Boeing 707 and Douglas DC-8), JT8D (Boeing 727, Boeing 737 and Douglas DC-9), JT9D (Boeing 7k7), CJ805 (Convair 880), and 501-D (Lockheed L-100). One single engine, the JT8D engine, emits total air contaminants at a rate about twice that of the other rjQ six models. The major aircraft manufacturers such as Boeing, McDonnell-Douglas, Convair, Hawker-Siddley and Lockheed may hold the key to a cleaner and quieter environment. The positive effects of pressure on these manufacturers has already been seen in the installation of quieter engines in the wide-bodied Boeing 7L7, Lockheed 1011 and McDonnell-Douglas DC-10 aircraft and the installation of burner cans to reduce partic ulates on earlier models. This pressure toward quieter engines and cleaner engines has international significance because all of the major airlines are flying aircraft produced by the major aircraft manufacturers. The cost of retrofitting existing engines is high, and effective legislation is re quired to enforce it; however, the rate of technological obsolescence in the highly competitive airlines business 78 ' George, Nevitt, and-Vers sen, "Jet Aircraft Operations", P. 515. certainly favors the replacement of noisy, polluting engines with quiet, clean engines within 5 years.^ Table III indi cates the major changes in commercial aviation from 1936 to the pre sent. TABLE III MAJOR CHANGES IN AVIATION 1936-1973 Year Aircraft Passengers Speed 1936 DC 3 21 180 MPH 19L7 Constellation 80 300 1958 B-707 189 600 1970 B-7k7 300-^00 6k0 1973* Concorde jTU-l^f 128,120 1350,1550 *not included in ATA data Source: Air Transport Association of America, Ma.jor U.S.  Airlines. Economic Review and Financial Outlook 1969-197^ (Washington, D.C.: Air Transport Association, 1969), p. 7. In summary, international agreements on noise levels and air pollution standards are essential for the resolution of international conflicts and the careful monitoring of our delicate environment. Realizing the time lag required to implement specific international regulation, however, much can be done by the industry itself with appropriate incentives from national government bodies. In the short run, at least, the ^Improvements in fatigue and corrosion resistance as well as bonding technology has allowed Boeing Co. to increase durability of its jet transports and extend service life war ranties from 30,000 hours (on new 707, 727 and 737 transports) to a flat 10-year policy (which the 7^7 has had from the start). The life of a jet engine is somewhat less than that recognition of the problems of clean air and a quiet neighbor hood must be inputs to the designers' considerations for new aircraft. The economic balance must be such that the addi tional cost of designing in these factors does not prevent this from happening. The problem of who should bear the cost of pollution will be dealt with in Chapter V; however, it is certain that this cost will be less if considered originally, through national regulations in the short run and inter national agreement in the long run, than if added on to an existing design. 2.8 Summary In this chapter I have attempted to provide a back ground of air and noise pollution legislation in Canada. My 80 conclusion is very similar to that of Joseph Brecher: It would be an unconscionable waste of resources if every issue of environmental policy had to be fought out in court. What is needed is a new ethic emphasizing harmony between man and nature, and a new, workable institutional framework to implement such a policy. The considerations provided in this chapter have reempha-sized the concern and need for a revised and effective legal structure which is consistent with the state of technology in 1973. I see the Canadian Federal Government "carrying the ball" on environmental issues, not merely "playing a leading of the major structural components under warranty. See Aviation Week and Space Technology. XCVII. No. 22 (1972), 50. 80 Joseph J. Brecher, "Environmental Litigation: Strengths and Weaknesses," in Environmental Affairs. I, No? 3 (1971), 575. ~~ 61 role". I have suggested revisions to the BNA Act, a new 1973 Noise Control Act, and structural change at the federal level which will ensure that the law reflects society's demands and needs. The following table summarizes changes in the jurisdic tional pattern required to meet the challenge of pollution in the human environment: TABLE IV PROPOSED REVISIONS TO PRESENT LEGISLATIVE STRUCTURE Present Proposed Future Major Problem Group Effected Legislative Legislative Structure Structure Air Pollution 1. Particulates from jet air craft 2. Climate modi fication due to jet con trails Noise Pollution 1. Take-off and landing of jet aircraft 2. Sonic boom from SST air craft Area residents and ecology Large zones beneath flight paths (possibly entire earth) Area residents and ecology Large zones beneath flight paths Municipal, Provincial, and Federal None Some City Bylaws o-. Common Law^ of Nuisance Common Law of Nuisance Federal and International International Federal and International Inte mat ional O-i Private law suits are usually based on public nuisance statutes, or on the common law of nuisance, or on the constitu tional theory of the "taking" of property, (see Juergensmeyer, "Control of Air Pollution Through the Assertion of Private Rights," Duke Law Journal, (1967) 1126). Generally, these solutions, based as they are on economic and political theories developed during a period less technological and less complex than today, have proved inadequate to solve today's problems. The problem of particulates from jet aircraft is presently handled under the Clean Air Act of 1971. Mr. J.W. MacNeill identifies four jurisdictional situations under the existing Op political structure with regard to air pollution: 1. Pollution within a province which has its source and its effects contained within the province. 2. Pollution in a province or territory which has its source in another province or territory or which affects another province or territory. 3. Pollution in Canada which has its source in another country or which affects another country. h. Pollution within a province which originates on lands or from facilities under federal ownership or jurisdiction. I would suggest that only the third jurisdictional situation is relevant. Within the federal jurisdiction suggested one could admit the necessity for sub-division by ecological region or water-sheds, for example, but a political sub division below the federal level defeats the purpose of a systems approach to environmental planning and legislation. International regulation of air pollution in relatively un known areas such as climate modification, is best handled by international fiat since global monitoring and evaluation is required. In the field of noise pollution the Canadian Federal Government has taken a positive step through planning of new airport installations (such as Pickering and Ste. ScholastiqueX Legislation reflecting this approach is required to eliminate noise as a variable in the decision making process of airlines Op MacNeill, Environmental Management, p. 175. 63 and aircraft manufacturers. Federal or international legisla tion requiring specific PNdB noise levels to be met is far superior to the present approach of litigation and common law interpretation. The sonic boom poses a difficult legal problem. In the past this problem has been handled more as a political game than as a serious threat to the future of aviation. A number of nations have taken unilateral moves to serve notice that they will not allow SST aircraft to fly over their countries^ The legality of such a position has not been tested in any court. This dilemma strengthens the need for an international legal system to deal with environmental issues. •^In Canada the only section dealing with this problem is in the Air Regulations and Aeronautics Act (5th Edition). This is a general statement that, "No aircraft shall be flown in such a manner as to create a hazard to other aircraft or to persons or property on the ground." In New York a bill is being proposed to prohibit any commercial SSTs from using existing airport facilities (see David Bird, "Rickles Asks Noise Limits to Ban Jets from City," New York Times, December 30, 1970). Five European governments: Sweden, Switzerland, West Germany, Netherlands and Norway, have indicated that they intend to ban overland flights but have not passed specific legislation, (see Clyde H. Farnsworth, "Conference on Sonic Boom Told Noise Can't Be Designed Away," New York Times. February k, 1970. 6k CHAPTER III THE EXISTING LEGISLATION: TECHNICAL PROBLEMS AND IMPACT 3.1 Environmental Alteration. Weather and Climate One area which is not covered by existing legislation and cannot be considered pollution in the normal sense is the area of inadvertent climate modification. This is a subject which is critically important to air transportation and the human environment. Evidence continues to mount showing that human activities are changing the state of the atmosphere but the mechanisms of change are not well known. Table V sum marizes some early data showing the relative climate of cities compared with the adjacent countryside.1 From these findings, and the later extensive Study of Man's  Impact on Climate (SMIC)2 published in 1971? a considerable amount of conjecture and theorizing has ensued. For example, some feel that our high-speed air transportation system has already begun to alter our weather patterns, and climatolo-1Gordon J.F. MacDonald, "Pollution, Weather and Climate," in Environment—Resources, Pollution and Safety, ed. by William Murdoch (Stamford, Conn.: Sinauer Associates, Inc., 1971), PP. 326-27. 2SMIC, Inadvertent Climate Modification: Report of the  Study of Man's Impact on Climate (Cambridge, Mass.:MIT Press, 1971).. see also Man's Impact on the Global Environment. Report of the Study of critical isnvironment Problems (SL^P; (Cam-bridge, Mass.: MIT Press, 1970). 65 TABLE V CLIMATIC CHANGES PRODUCED BY CITIES Parame te r Citv as Compared with Rural Surroundings Temperature Annual mean 0.5 to 1.0° C higher Winter minima 1.0 to 2.0° C higher Cloudiness Clouds 5 to 10$ more Fog, winter 100$ more Fog, summer 30$ more Dust particles 10 times more Wind speed Annual mean 20 to 30$ lower Extreme gusts 10 to 20$ lower Precipitation 5 to 10$ more Sources: 1. H. Landsberg, Man's Role in Changing the Face of the  Earth (Chicago, 111.: University of Chicago Press, 1956). 2. R. Geiger, The Climate Near the Ground (Cambridge, Mass.: Harvard University Press, 196!?). gical cycles. Some believe that high altitude clouds from com mercial jet contrails have begun to reduce the amount of incident solar radiation received by green plants on the ground.^ Meterologists Dr. Reid A. Bryson and Dr. W.M. Wen-land indicate that under certain conditions SSTs might generate •^Yannacone , Jr. and Frangella, "Environmental Concern— The Law and Aviation," p. 122. almost total cloud cover in their regions of operation. Meteorologist Dr. Louis J. Battan, on the other hand, rejects this theory feeling that formation of persistent SST contrails is unlikely because of the low humidity of the stratosphere.^ The SST debate, primarily centered on the issues of climate modification and the sonic boom, has taken place on the technical level, the governmental level (including U.S. Senate Subcommittee hearings), and the international level. Until recently a stalemate has occurred with most parties concerned polarized either for or against the SST development in North America, without sufficient technical facts to support their positions.^ The first breakthrough toward a solution of the problem and the first step toward a macro system approach has been the United States Government's Climatic Impact Assessment Program (CIAP). The explicit goal of this program is to obtain, "data necessary for the Administration and Congress to reach decisions on operating regulations for supersonic kFisher, What You Can Do About Pollution Now, p. 2V7. -*Ehrlich and Bhrlich, Issues in Human Ecology, p. lk7. Information has not been available giving the humidity at which cirrus clouds form and the formation mechanism (i.e. sublimation or liquid-phase change). It is apparent that facts, rather than opinions,are required for decision making and policy formation purposes. I have not mentioned the economics of the Boeing SST development which no doubt had the most significant effect on the cancellation of this project in March, 1971. Whether or not the environmental issue provided a smokescreen for some congressmen to hide behind, with priority of government spend ing the real issue, is a moot point. 67 transports."'7 Scheduled to be complete by the end of 197k, the CIAP program is presently underway. Its aims are to provide o the following: 1. Technical facts needed to prepare the way for world acceptance of its conclusions. 2. Definition of specific problems that may be revealed and development of data necessary to provide a basis for technical solutions. 3. Determination of whether adequate research programs are under way in the U.S. or foreign countries, to cover subjects for which inadequate information exists. Figure 3.1 shows the major steps and timing of the CIAP project. The thrust of the CIAP project is to learn immediately if supersonic aircraft will create significantly increased world weather and climatic hazards. The emphasis Is directed toward determining if there could be an increase in upper air water content, a decrease in upper air ozone (with subsequent increase in ultraviolet radiation) and an increase in cloud cover through jet contrails. Mr. Najeeb Halaby, former president of Pan American Airlines and former head of the FAA, says flatly, "The super-sonics are coming—as surely as tomorrow. You will be flying one version or another by 1980 and be trying to remember what o the great debate was all about."7 'Clarence A. Robinson, Jr., "U.S. Presses SST Climatic Impact Study," Aviation Week and Space Technology. XCVII, No. 22, p. 50. International participation in CIAP is exten sive and currently involves England, France, Japan, and Belgium. It is anticipated that U.S.S.R., Australia and India may join the program. 8Ibid. ^Fisher, What You Can Do About Pollution Now, pp. 256-257. FIGURE 3.1 THE MAJOR STEPS AND TIMING OF THE CIAP PROJECT Calendar Fiscal 1. NATURE OF STRATOSPHERE Atmospheric Modeling Measurements of Stratosphere Chemical Dynamics 2. NATURE OF PROPULSION EFFLUENTS Engine Emission Testing Route Projections 3. PERTURBED STRATOSPHERE Atmospheric Modeling If. PERTURBED TROPOSPHERE Atmospheric Modeling 5. PHYSIO-BIOL-BOTAN. EFFECTS Assessment 6. ECONOMIC MEASURES Assessment 7. REPORTING Assessment 1971 72 E Calendar 1972 1973 197k I 73 I ri~J mm 1972 1973 Toil 197k Source: Clarence A. Robinson, Jr., "U.S. Presses SST Climatic Impact Study," Aviation Week and Space  Technology. XCVII, No. 22, p. 50. ON CO 69 If a systems approach can be implemented which considers the interactions between social, economic, and technological sub systems and the human environment, Halaby's prediction will likely come true. Starting with the facts produced by the CIAP studies, the United States has a much better chance of pro ducing an aircraft with low engine noise and low sonic boom in the next decade. An advanced supersonic transport with airline economics may be a reality in the future. Mr. Charles C. Tillinghast, chief executive officer of Trans World Airlines, suggests that:10 The United States ought to take a serious look at whether it is possible to build a super-sonic aircraft of the second generation which will be desirable both economically and environmentally. The recognition of the human environment as an important variable in the air transportation industry's decision making process is significant. The future of aviation rests upon man's ability to understand his complex environment. The Climatic Impact Assessment Program is a positive step in this direction. 3.2 Noise and Airport Location The problem of noise, and its effect on the human environment, is no more evident than in the immediate surround ings of an airport. Beinhaker and Elek see the problem in Richard Cramer, "The Airlines Speak." Environmental  Quality. IV, No. 2 (1973), p. 2h. terms of a cost-benefit analysis. They state:11 In terms of the airport environment there are both benefits and adverse effects that have to be taken into account. Whereas a well designed terminal building represents a positive addition to the attractions of a region, the airfield and the noise caused by the air craft have a negative effect which must be minimized through such means as a proper location of the airport and appropriate land management around the airport. The physiological and psychological effects of noise are a subject in themselves. Prominent physicians and psychiatrists have blamed excessive noise for such things as paranoidal delusions, psychoses, hallucinations, suicidal and homicidal 12 impulses, irreversible changes in the autonomic nervous 13 system, permanent loss of hearing and even an upset sex life. J Coupled with chronic respiratory diseases (notably bronchitis and emphysema) which have been traced to air pollution, the impact of jet aircraft on area residents is indeed a serious problem. 3.2.1 Reducing the Exposure to Noise Earlier in my thesis I referred to noise-suppression P. Beinhaker and A. Elek, "Methods for Evaluating Transportation Investment, Montreal Airport Study—Ste. Scholastique," in Changing Times and Keeping Up (Oxford, Indiana: The Richard B. Cross Company, 1971), Proceedings of the 12th Annual Meeting of The Transportation Research Forum, P. 57. 12 Barbara J. Culliton, "Noise Threatens Man?" in Pollution Papers, ed. by George E. Frakes and Curtis B. Solberg (New York: Meredith Corporation, 1971), 0. 101. •^Donald Bruce, "Noise Pollution," B.C. Motorist. Jan.-Feb., 1973, P. 31. x See for example, Daniel Briehl,"Air Pollution." America. May 17, 1969, pp. 8k-91, and Ehrlich and Ehrlich, Issues in Human Ecology, p. 118. 71 work by the airlines and aircraft engine manufacturers to reduce ground level noise exposure. Reducing noise at this source is only part of the answer. The other part is reducing people's exposure to noise. "There are four ways of doing this—curtailment of flight operations, noise abatement pro cedures, better insulation of homes and buildings near aircraft 15 departure and arrival routes, and compatible land use." ' Curtailment of flight operations, especially between 10 p.m. and 7 a.m., has been a favorite tool of municipalities in close proximity to airports*, however, it reduces the effectiveness of the air transportation system. Noise abatement procedures include reduced thrust after initial take-off and two-segment approaches. Figure 3*2 illus trates a profile of these operating procedures. The two-segment approach is basically a sharper angle approach (6°) beyond a navigational radio beacon some 5 miles from the end of the runway, and then a 3° approach (normal) from the 5 mile 16 point to the runway. The safety risk factor decision is critical and one of the present drawbacks of the scheme. The Canadian Air Pilots Publication makes the following proclama-17 tion with regard to Noise Abatement Procedures in general: ' ^Tipton, "Aviation's Three Environments," p. 2k. See also Edward Wells, "Aircraft Design, Goals and Problems," in Air Transportation—A Forward Look, ed. by Karl M. Ruppenthal TPalo Alto, California: Graduate School of Business, 1970), P. 85. 16 George Spater, American Airlines, in Cramer, "The Airlines Speak," p. 20. "^Canadian Air Pilots Publication, "Noise Abatement Procedures, p. L-k. FIGURE 3.2 FLIGHT PROFILE FOR NOISE ABATEMENT 72 (•VcTrrbseMte) Source: John Hansen and Robert Sttlssi, "Noise and the Urban Environment," an Occasional Student Paper, the Center for Transportation Studies, University of British Columbia, Vancouver, B.C., 1972 (revised). Caution: Notwithstanding the following procedures or any instructions relating thereto issued by Air Traffic Control, decisions affecting the safe operation of the aircraft shall remain the Captain's responsibility. Within this framework the ultimate safety risk factor decision rests with the Captain of the aircraft and the future of the two-segment approach rests in his hands. There is, in fact, some argument at present between the U.S. Pilots Association and the Federal Aviation Administration as to which entry 18 level is safe and which is not. The second item to note in Figure 3.2 is the reduced thrust after initial take-off. This maneuver has been used to a great extent in North America^ and to a greater extent in Europe. There are two issues involved (l) the safety risk yk take-off procedure has been developed by the Federal Aviation Agency for minimizing aircraft noise in popu lated areas. Referred to as a standardized noise abatement 18, Cramer, "The Airlines Speak," p. 20. factor and (2) how consistent noise level operation is with economic fuel usage. The safety issue is the more critical 20 item. Yannacone and Frangela state this opinion: It is criminal that pilots of commercial air carriers, with loads of more than one hundred passengers, are required to reduce power during the critical moments of takeoff as a noise abatement procedure. I would certainly agree with these authors, the place for test ing new procedures is not commercial aviation,and until tests prove conclusively that these procedures are 100$ safe they have no place in everyday service. Better insulation of homes and buildings near aircraft departure and arrival routes has been recommended in various countries. Along these lines a new "staggered-stud" interior wall construction technique is being used in the United 21 States. In Great Britain, the general attitude is that the profile, it requires jet aircraft operators to follow these procedures after lift off: (1) accelerate to V2 plus 10 to 20 knots with takeoff flap and takeoff thrust; (2) at no sooner than H-OO feet, initiate flap retraction schedule and accelerate while maintaining positive climb gradient, achieve minimum maneuvering speed and clean configuration by 1500 feet; (3) stabilize with minimum maneuvering speed and target EPR (*+) at l+jOOO feet, resume en route climb schedule. Such a procedure is being used at Washington National Airport in cooperation with the FAA, Airline Pilots Association, and the Air Transport Association. Noise levels on the ground are thereby reduced by 8.8 PNdB below those under existing airport procedures elsewhere. As reported by Bragdon,' Noise Pollu tion. The Unquiet Crisis, p. 181. 20Yannacone, Jr., and Frangella, "Environmental Concern —The Law and Aviation," p. 128. 'Berland, The Fight for Quiet, p. 205. householder can either install soundproofing or move. The following legislation was proposed by the Minister of Aviation 22 and enacted by the House of Commons on March 10, 1965: Grants of 50 percent, subject to a maximum of 100, of the cost of soundproofing up to 3 rooms will be made available to householders in a defined area round Heathrow for work carried out with prior approval and to an approved design. The work must be completed by 31st December, 1970, when the scheme will come to an end. At Paris Airport, as mentioned earlier, an airport tax on pas sengers is being used to finance soundproofing. Within single-family residential structures, Bishop has found that aircraft noise is reduced by 12 to 30 decibels.2^ Compatible land use is the most promising method of reducing human noise exposure. A basic recognition that unreg-ulated urban growth and jet noise do not mix is mandatory for the airport planner. In the past most people have assumed that science will come to their rescue and develop a quiet, non-2^ polluting jet engine. J Residents have settled around airports "Ralph Turvey, "Side Effects of Resource Use," in Environmental Quality in a Growing Economy, ed. by Henry Jarrett (Baltimore, Md.: John Hopkins Press for Resources for the Future, Inc., 1966), p. 50. ^Bragdon, The Unquiet Crisis, p. lM-8. William R. Sims and Angelo J. Cerchione, "In Search of an Aviation Master Plan," in Master Planning the Aviation  Environment, ed. by Angelo J. Cerchione, V.E. Rothe and J. Vercellino (Tucson, Arizona: University of Arizona Press, 1970), p. llk. per ^"The Alleviation of Jet Aircraft Noise near Airports," U.S. Office of Science and Technology, March 1966, quoted by Bernard A. Schriever and William A. Seifert, Air Transporta tion 1975 and Beyond: A Systems Approach, Report of the  Transportation Workshop (Cambridge, Mass.: MIT Press, 1968), p. 4. " with little regard for the dangers associated with living in these areas. In the United States some researchers have gone as far as to suggest that a conspiracy exists between the Federal Aviation Administration and the Federal Housing Administration to permit the construction of residential dwel ling units in the principal noise zones around major U.S. air ports, "at the request of, and certainly for the principal benefit of, major lending institutions and real estate specu-lators." Perhaps a more credible explanation for the propensity to live close to airports is the convenience pro vided to people working at the airport or using air travel to some extent. To explain the pattern of population growth around airports one need only look at a new plant or industry built in a remote or semi-remote rural area. Early photo graphs of many industrial sites show small Industrial communi ties which have "built up" around the employment center and which are now in the center of major cities. The population density in Hamilton, Montreal East, Pittsburg, Pa., Manchester, England, and other industrial areas bears this out. The large housing projects near Malton Airport in Toronto, Vancouver 27 International Airport and Chicago O'Hare ' International Air port illustrate the same phenomena. 2^Yannacone, Jr., and Frangella, "Environmental Concern —The Law and Aviation," p. 128. 27Charles Tillinghast (TWA) states that 90$ of the citizens living under approach paths moved there, "after the airport was established and chose for reasons sufficient unto themselves to live under those conditions." He cites Kennedy Airport where houses are still being built under the approach 76 The early attempts at compatible land use near airports were based on good planning but poor technical knowledge of the properties of sound. Dulles International Airport is an pQ excellent example of this: Dulles International Airport serving Washington, D.C., was designed with its neighbors in mind. The airport itself is isolated from the surrounding territory by land extending a mile and a half beyond the runway limits. Furthermore, it is set off by a grove of trees extending 1,000 feet in from the airport boundary and by 1.5 million new seedlings that were added to the existing timber belt to form a sound barrier 1,000 feet wide all around Dulles' perimeter. In spite of all these precautions, which required con siderable funds, a 100 dB noise level still penetrates a mile beyond the airport limits. In contrast to the Dulles International Airport, the new Montreal International Airport will occupy 18,500 acres (30 square miles) total developed area plus a total of 70,000 acres of peripheral land. In terms of Dulles' boundary "a mile and a half beyond the runway limits," the distance from the end of main runway 2kLC to the North-East boundary will be 8.5 miles (and 6.5 miles for future runway 2kRC) and from main run way 11L to the West-North-West boundary will be 7.5 miles (and path and O'Hare, "which ten years ago was out in the country" and now has "rows and rows and rows of new houses built within the last five or ten years, ... right under the approach path." Quoted in Cramer, "The Airlines Speak," p. 23 PO ^°Culliton, "Noise Threatens Man," p. 10**, originally published in Science News, October 15, i960. See also U.S. Department of Housing and Urban Development, Airport Environs:  Land Use Controls—Environmental Planning Paper (Washington. D.C.: Government Printing Office, May, 1970), p. 6, in which they state, "What is generally misunderstood is the scale of the noise-affected area. It is not uncommon for communities eight miles away from the airport to experience some effects." 77 9.5 miles from future runway 11R).2^ A major ecological study (EZAIM) is being undertaken by a group of scientists from five Quebec universities to deter mine the natural ecological balance and predict what is likely to be the balance after the new Montreal International Airport is built.3° This type of work is required not only for new airports but also for additions to existing airports and even increased use of existing facilities. Pioneer studies such as the EZAIM ecological study are necessary to achieve compatible land use patterns. The continued support of the Ministry of Transport and the National Research Council on projects directly concerned with air transportation and the human environment is vital to the future of Canadian aviation. Bein-haker and Elek inform us that:^1 The decision to build a new airport for Montreal was consistent with the objective of the Ministry of Transport to make transport facilities support broad social and economic goals in addition to serving the needs of transportation. Pierre Levasseur adds his comments: .32 ^Transport Canada, "Site Plan of New Montreal Inter national Airport" BANAIM-S1-JAN.72 in Information Dossier  2nd Edition, New Montreal International Airport Project. Information Service, Montreal, Quebec. 3°"Ecology of the Montreal International Airport Area (EZAIM)" in Information Dossier 2nd Edition. New Montreal  International Airport Pro.iect. Information Service, Montreal, Quebec. -^Beinhaker and Elek, "Montreal Airport Study—Ste. Scholastique," p. 59. ^^Levasseur, "Aviation and the Human Environment," p. 3. 78 We believe it (the new Montreal Airport) to be an outstanding example of the effort that must be made to integrate the airport with the metropolitan socio economic environment. The goal is to protect the air port's prime function and its environment. The systems analysis approach reflected in Beinhaker and Elek's statement and Levasseur's emphasis on integrating the airport with the human environment indicate a true understanding of the challenge of the environmental era. Earlier in this thesis I made the statement that a re vised governmental structure with increased emphasis on national and international decision-making was necessary to deal effectively with air pollution. The problems of air pollution have been compounded by overlapping federal, provin cial and municipal jurisdictions. Noise pollution near air ports has traditionally been a federal matter although there has been an increasing amount of municipal action. Municipal dissatisfaction has resulted from the fact that problems asso ciated with noise have not been effectively handled in the past. J An increase in communication between municipal and -^"Airport Goof Disclosed," Vancouver Sun, January 16,/ 1973? PP. 1-3. In response to repeated questioning in the House of Commons, the Parliamentary Secretary to the Minister of Transport finally admitted on January 16, 1973 that no special environmental impact study has been carried out with respect to the proposed expansion of Vancouver International Airport. In Calgary recent editorial comment in the Calgary newspapers reveals considerable dissatisfaction with the run-downcondition of Calgary Airport, which has long passed its efficient passenger handling capacity. Edmonton International Airport, on the other hand, is considered by many to be a "white elephant" with a very low passenger volume relative to its passenger handling capacity. My point here is not to be critical of the Department of Transport but rather to point out an area in which improved communication and coordination would assist in preparing for the complexities of the air transportation industry now and in the future. 79 federal levels is required for effective planning, even to the oh extent of formal lines of communication and structural changer If Canada hopes to solve the problems associated with airport noise it must adopt a systems analysis approach. Policy formulation and implementation must be on the national and international level with the central planning function resisting the temptation of promoting highly visible and environmentally sophisticated projects at the expense of neglecting less politically expedient projects. A true macro approach to noise abatement near airports calls for an increase in responsiveness to the demands of all Canadian airport com munities and an end to regional disparity. 3.2.2. The Expropriation Act of Canada In Canada, the major airports are owned and operated by the Federal Government. The Crown sets the regulations, respecting air navigation, in the airspace of Canada, including those for landings and take-offs at airports. The Crown also sets apart the airways, flightways and runways, and the regula-3kThe United States Airport and Airway Development Act of 1970, for example, requires greater citizen and local govern-ment participation in airport location and expansion projects prior to Federal funding. At a minimum, public hearings must be held to consider the "economic, social and environmental effects of the airport location and its consistency v/ith the goals and objectives of such urban planning as has been carried out by the community." When a proposed new airport does not serve a metropolitan area, the Department of Transportation must consider the views of affected communities around the site prior to granting approval. tions governing them. J The area in which the Federal Govern ment has not been actively involved,until quite recently, is direct ownership of the land surrounding its major airports. This is understandable since only within the last few years has there been any major concern over the impact of noise on populated areas. Certain areas near airports and in the vicinity of aircraft operations are inherently dangerous. In the case of military airfields this area includes an area seven and one-half miles along the longitudinal axis of an active runway, and one and three-quarters miles on each side of that active runway.^ Similarly for commercial aviation restric tions on land use can be based on psychological and medical grounds. As Yannacone and Frangella state, "No one should be permitted to add his disease syndrome to the community burden by building a home in a patently unsuitable location."37 It is a "common sense" approach that no residential housing or high-density human activities should be permitted in these zones of maximum hazard, and yet they are. If an airport exists and a homeowner moves into a dangerous zone one could come to two alternative conclusions: 1. The homeowner living directly under a flight path is not entitled to compensation in the event of expropria tion (other than for the book value of his property) ^Clean Air and Water News, III, No. k5? P. 5. •^Yannacone, Jr., and Frangella, "Environmental Concern —The Law and Aviation," p. 126. 37Ibid.. p. 127. 81 because he knew that it was an area of maximum ground hazard from aircraft operations when he moved there. 2. The homeowner is entitled to full compensation in the event of expropriation because full responsibility for suitable zoning and prior planning for future modifica tions to the airport must be accepted by the Federal Government. If the airport moves into an area where homes are already present, then the burden of relocating the homeowner out of the zone of maximum hazard must be borne by the Federal Government. In the first case a situation wherein both parties are partly to blame, the individual homeowner for lack of judgment and the Federal Government for lack of planning, a legislative vehicle was necessary to rectify the past shortcomings and to deal with the problems of the future, including airport expan sion and new construction. This vehicle would also have to incorporate the second case wherein the homeowner was clearly entitled to full compensation. The Expropriation Act of Canada, which came into force on June 11, 1970 was Canada's answer to this dilemma. Set up as a model enactment and piloted through the House of Commons by the Hon. John Turner, then Minister of Justice, this act is a vast improvement over 38 its harsh and antiquated predecessor.-' The following steps ~>g outline the expropriation procedure and timing:-17 38A Committee of Concerned Citizens, "Save Your Environ ment," Vancouver, B.C., February 5? 1973? P. 2. •^Canadian Air Transportation Administration, Pacific Region. 82 1. Minister of Transport announces site and a Notice of Intention to Expropriate the proposed site is registered in the local Land Registry office. 2. Titles are then searched so that all persons with an interest in the land concerned can be properly identified and notified by registered letter. 3. The Notice of Intention to Expropriate is then published in the Canada Gazette and local area newspapers. During the ensuing 30 days, any objections to the intended ex propriation are made in writing to the Minister of Public Works who records them. k. The Attorney General of Canada then appoints Hearing Officers who conduct public hearings in the following 30-60 days for the purpose of recording objections. (This period may be extended by the Attorney General of Canada). 5. The Hearing Officers report to the Minister of Public Works who considers their reports. After due considera tion the Minister of Public Works confirms expropria tion and the Notice of Confirmation to Expropriate is registered. This process takes 30-60 days. 6. The Minister of Public Works makes an offer to each person with an interest in land. Notices requiring possession are subsequently served. 7. Possession of the site is obtained and work may commence. Arrangements are entered into with owners to lease back their property whenever possible. Steps 6 and 7 take about 90 days. In addition to these expropriation procedures a modifica tion was provided for residents on Sea Island, near the pro posed new runway for Vancouver International Airport. This was the "home for a home" plan which is described as follows: Rather than assess on property values that might have declined due to the airport's expansion plans, settle ment was made with a view to what it would cost to relocate at an equivalent standard in a similar com munity. After the acceptance of settlement, any expropriated owner has one year in which to make further claims for compensation if dissatisfied (he must show cause for further compensation, of course. The Expropriation Act, as it presently stands, does not recognize any difference between a homeowner who lived in the area to be expropriated before the airport was constructed or moved into the area following construction. This particular Act, therefore, does not prevent housing development in areas surrounding existing airports but deals only with current problems. The major fault with the Expropriation Act^from a long-term environmental planning point-of-view% is that the settlements made under the Act encourage people to remain in the expropriated area through lease back arrangements. This seems to be contrary to the health and welfare of the former property owners. One of the major difficulties is deciding upon the extent of expropriation. Studies such as the one underway at Ste. Scholastique should provide some guidance. This problem is humorously portrayed in Figure 3.3. 1+0 Ibid.. In the case of the Vancouver International Airport, 70% of the land expropriated was by willing sales, accounting for 55% of the total acquisition cost of $7.25 million. 8>f FIGURE 3.3 EXPROPRIATION FOR AIRPORT EXPANSION "I said. . .we were one of the lucky ones . . . not expropriated for airport expansion." Source: Len Norris, The Vancouver Sun. February 1, 1973> p. k. The technical problems of airport expansion and land expropriation are similar in many ways to problems in other areas of transportation. The problems of rapid transit, free ways, and super-ports similarly reflect a basic need to consider individual rights and freedoms and to lessen the impact of technological change. 3.3 Design Problems and the Future One of the most pressing concerns in planning for aviation's future is that technological advance may not be rapid enough to prevent a serious upset in the human environ ment. In this section I will look at the state of present technology in a few selected areas and attempt to predict any meaningful changes in the next few years. 3.3.1 STOL/VTOL Noise and Air Pollution Short take-off and landing (STOL) and vertical take-off and landing (VTOL) aircraft have been tested extensively and could provide an ideal transportation mode for the North-East corridor, the Toronto-Montreal area and other densely popu lated regions if some design problems can be overcome. Much of the difficulty has been in coming up with an engine design which would produce a lower noise level. Li Kryter provides a guideline for what wuld be accept able for STOL/VTOL aircraft in an urban region: Noise Level Comment 80 PNdB (~67 dBA)1*2 Of no concern 90 PNdB (~78 dBA) Acceptable 100 PNdB (~88 dBA) Barely acceptable 110 PNdB (~99 dBA) Unacceptable K.D. Kryter, "Psychological Reactions to Aircraft Noise.1'- Science. CLI (March 18, 1966), 13L6-1355. The relationship between A-weighted sound levels and perceived noise levels for 53 different community noise spectra was fit by a least-squares technique to obtain the ko Another researcher, Kurt Hohenemser, J agrees with Kryter, stating, "Unless the STOL/VTOL noise levels can be kept below 90 PNdB, it is doubtful that residential communities will accept STOL/VTOL." A 1970 survey commissioned by the City of New York revealed that its citizens suffered regular exposure to noise levels in excess of 85 decibels (A) and that this kk threatened the well-being of the individual and the community. Beranek J puts this figure in perspective by describing the normal noise environment in which we spend most of our lives as in the range of 30 to 90 dB(A) with a noisy office at 75 dB(A) and street-level noise in an urban area at 80 dB(A). 1+6 Berland conducted a survey in 1971 by recording city noise equation PNdB = 1.02 (dBA) + 11.5 by Roy Donley, "Community Noise Regulation," Sound and Vibration, February, 1969, P« 19. ^Kurt H. Hohenemser, "Aircraft in the Balance," Environment. XIII, No. 10 (1971), k8. kk "Towards a Quieter City: The Report of the Mayor's Task Force on Noise Control," (New York, 1970), in Environ mental Management, A Constitutional Study (Ottawa: Informa-tion Canada, 1971;, P. 93. kcr <L.L. Beranek, "General Aircraft Noise," in Noise as  a Public Health Hazard, ed. by W.D. Ward and J.E. Fricke (Washington, D.C.: American Speech and Hearing Association, 1969), PP. 256-259. k6Berland, The Fight for Quiet, p. lk7. Berland states that our world is getting noisier by an average of one decibel a year and that we have until 1979 to stem the tide of noise or we will be at the threshold of 85 dBA, which can mark permanent hearing loss. See also Ken Giebert, "Trans portation and the Environment," Seaports and the Shipping  World. July, 1972, p. h-2. 87 levels and came up with a 21-day average of 73.k5 dB(A), which in terms of Kryter's scale is acceptable but in terms of peak values may have been damaging. The conclusions for the STOL/VTOL might be: (1) The aircraft must meet a standard of less than 78 dB(A), and by the time of actual implementation of service the background level may have approached this level, and (2) based on the New York City survey further investigation may reveal the need for reduction of the allowable STOL/VTOL noise level even more. The rate of progress toward a quiet engine for STOL/VTOL has been somewhat slower than for conventional aircraft. In the next five years I would predict that either: (1) political pressure in prospective use areas will have built up to such an extent as to force the imposition of unrealistic noise regula tions on the STOL/VTOL aircraft making it economically infeas-ible, (2) zoning bylaws will prohibit its use in critical convenience areas thus severely limiting its marketability, or (3) a technological break-through will make it a valuable addi tion to the overall air transportation system. Compounding the STOL/VTOL problem is the question of acceptable air pollution levels. Hohenemser states: If STOL/VTOL craft could be operated without the ex tensive idling and taxiing periods of the conventional aircraft, air pollution from CO and hydrocarbons could be reduced to a fraction of its present amount. Never-7John N. Cole and Robert T. England, Evaluation of  Noise Problems Anticipated with Future VTOL Aircraft, Aerospace Medical Research Laboratories, Wright-Patterson Air Force Base, Ohio, AMRL-TR-66-2k5, May 1967. Hohenemser, "Aircraft in the Balance," p. M-7. 88 theless, it may be necessary to add anti-pollution devices to the aircraft turbo-engines to alleviate air pollution. The most significant problem area here is not the avail able technology but the impact of additional cost on the over all economic viability of the project. The difficulty of choosing among specific noise abatement measures will stem from the rigors of quantifying the social and economic costs of air craft noise and attempting to "second guess" future legislation. 3.3.2 Commercial Jet Aircraft (Sub-sonic) Aircraft Smoke Reduction The U.S. aircraft industry is cutting smoke pollution (i.e. particulates) under a voluntary agreement entered into with the Department of Health, Education and Welfare (HEW) in 1970 (HEW administered the air pollution control program at that time) and with the Department of Transportation to retro fit the widely used JT8D jet engines with smoke reduction devices. As of March 31, 1972, 78 percent of the total (i.e. 2625) engines from Boeing 727's, 737's and Douglas DC-9 Lo aircraft had been retrofitted. 7 The schedule set up in 1970 called for the program to be substantially completed by the end of 1972. Retrofit involves installing new combustors (commonly called "burner cans") for more efficient burning of fuel in the engines. All JT8D engines since February 1970 have been 7Council on Environmental Quality, Environmental  Quality—1972 (Washington, D.C.: U.S. Government Printing Office, 1972), p. 212. 89 equipped with smokeless combustors. In this case it is appar ent that technology developed rapidly enough to prevent serious environmental deterioration. Aircraft Noise Reduction In a M.O.T. Transportation Management Course conducted last summer, Braithwaite et al. summarized the present situa tion vis-sl-vis aircraft noise reduction in conventional jet aircraft. Their comments were:7 Current narrow-body jet aircraft (i.e. 707, 727, 737, DC8 and DC9, comprising 90$ of large commercial aircraft flying in the free world) vent approximately l.h pounds/ second of air through by-pass for every pound of air passing through the combustion stream. This compares with a ratio of 2.2 to 1 on the new noise certificated engines. The earlier engines could be converted to the same level of quietness by increasing the fan diameter by roughly 6 inches. NASA hopes to test a converted engine by 1975-76 (with retrofit kits available by 1976-77). Hence, complete retrofit of narrow-body jets possibly could be achieved by 1980. However, the cost may be in the order of $2 million per aircraft or a world fleet conversion of $2.7 billion. James Kramer, head of the NASA Refan Project, considers that this cost would have to be spread over a large section of mankind and not just the airlines and passengers. Alternate plans include an acoustic lining in the engine nacelles which may be cheaper but less quiet. The last alternative is merely to wait for the earlier jet aircraft to phase out. Quieter engines for commercial jets are a present day reality but the ultimate in sound reduction is still unknown. George A. Spater, chairman of the board and chief executive officer of American Airlines makes the following comment about progress in this field as of February, 1973s^1 ^Braithwaite, et al.. Transportation Pollution, p. lh. ^Cramer, "The Airlines Speak," Environmental Quality. IV, No. 2 (1973), P. 20. 90 One of the areas that offers a good deal of improvement is the work being done by General Electric under the NASA "Quiet Engine" program. They are quite optimistic that more research in this area will produce consider ably quieter engines. But that is something for the future. One might expect some noise reduction as an added benefit from the installation of new combustors to combat air pollution but cr? unfortunately this is not the case.7 The future of subsonic aircraft noise reduction in the long run is clear: quieter engines will be developed. In the short run, the degree to which airlines are forced into spend ing money for a complete retrofit of their narrow-body jet fleets will be based on such variables as: (1) the willing ness of governments to finance retrofit programs, (2) the speed at which a retrofit kit will be made available (presently estimated as 1976-77) and most importantly (3) the degree of public pressure. If public pressure is great enough, as it was with pure foods and automobile safety, the required money will be raised; however, if public pressure is not too great the conversion will likely be completed through a gradual phase-out of noisy aircraft over the next five to ten years. 3.3.3 Supersonic Jet Aircraft The Sonic Boom The design problems associated with the sonic boom and inadvertent climate modification are the most difficult to -^U.S. Secretary of Health, Education and Welfare Report to the United States Senate, "Nature and Control of Aircraft  Engine Exhaust Emissions." Sec. C—Interactions Between Pollut-and Control and Noise Abatement. 91 solve because they deal with naturally occurring phenomena— "the laws of nature." In a sense these are "uncontrollable", universal constants such as the sound barrier, the heat barrier and the gravity barrier which pose ceilings on the maximum speed at which commercial aircraft can fly. Figure 3«k illustrates these barriers to technological advance. Through the space program several "spin-offs" have greatly benefited commercial aviation. Advances in metals (stronger, lighter, more resistant to heat and less subject to fatigue), instrumen tation, and navigation, to mention a few. These "spin-offs" have had a great impact on global air travel. The area in which man has failed is in his attempt to apply "space age technology", designed to solve the problems of outer-space (an open system), to the earth macro-system (an interactive, closed system). In outer space, the limitations are physical barriers, not human barriers. Inner space imposes additional limitations on good design—limitations based on a sound understanding of the human environment. The technical solution to supersonic travel based on physical limitations has been achieved—the Concorde and TU-l1^ are flying today. The technical solution to supersonic travel based on physical and human limitations is still on the horizon. 5oo,oo too, 7^pct -(o.oec Sooo-Zooo locc -Soo-'1 2oo-IOC -vn sc -FIGURE THE PAST AND FUTURE OF AVIATION CgfVVVTA kftggAgg. ///,„/, Peofefl&fc CeiUw£OF_ HAK-SPEEP (.CoMMCtLClACi B6U.X1 _ gw^OiS— CoMer*- . ^ vc io 82101 SST Jet WfclSHT Source: V.J. Yannacone, Jr., Master the Aviation Environment (lucson Arizona: U. of Arizona Pre J 1 I L '5 •is •I Planning ss, 1970). IS . i*4o i9So l98o )99o 93 Ground Level Noise Air pollution from SST aircraft does not pose a serious technical problem as a result of improved engine design. Ground level noise, on the other hand, may be a serious limita tion for supersonic flight. The most comprehensive measurement for noise level to date is the U.S. Federal Aviation Administra tion scheme. The maximum noise levels for subsonic transport and turbo-powered airplanes depends upon aircraft weight, number of engines, and point of measurement with a maximum allowable noise level ranging from 93 EPNdB to 108 EPNdB.^ Aircraft not meeting these standards do not receive the government flight certificate necessary to enter service. Measurements occur at three stages of flight; these are measured at three locations which are shown in Figure 3.5. They are : Point A. Lateral or Side-line noise - after liftoff, at the point, on a line parallel to and 0.25 nautical miles from the extended centerline of the runway, where the noise is greatest, except that, for airplanes powered by more than three turbojet engines, this distance must be 0.35 nautical miles. Point B. Take-off noise - during take-off, 3.5 nautical miles from the start of the take-off roll on the extended centerline of the runway. Point C. Apprr>flrrh noise - on approach, at a point 1 nautical mile from the threshold on the extended centerline. ^Effective Perceived Noise Level in Decibels (EPNdB) is the value of PNdB adjusted for both the presence of discrete frequencies and time history. FIGURE 3.5 AIRPORT NOISE LEVEL MEASUREMENT LOCATIONS Early estimates suggested that the SST would produce noise levels of up to 12k EPNdB.^ In April 1970, the British Air craft Corporation officially estimated the noise of the Con corde SST at 117.5 EPNdB lateral, 116 EPNdB take-off, and ^Horace Sutton, "Is the SST Really Necessary?" Saturday Review. August 15, 1970, p. 15. 116.2 EPNdB approach. 7 After considerable design effort these figures were reduced to 111, Ilk-, and 115 to 116, respectively, 56 for the production version of the Concorde. The difference between the present FAA maximum of 108 EPNdB and the most promising SST noise level to date, 115 EPNdB, is still 7 deci bels on a logarithmic scale, which means a h0% reduction in noise is still required. The solution to decreasing the SST noise level is not clear. It is certain that any reduction in the already small payload would not be economically feasible. Engine technology appears to be the answer, but it will take time. 3.k Fuel Consumption and Air Pollution Trends Air Canada started advertising Lockheed L 1011 service across Canada on March 15? 1973 and Boeing 7k7s are commonplace today. Fuel consumption rates for these airplanes, and the McDonnell-Douglas DC-10, will be 30 to ho percent greater than 57 those for current transport aircraft.7' Pollutant emissions are not, however, expected to increase proportionately. Carbon monoxide, organic emissions, and particulates will be ^British Aircraft Corp. Report No. 03-22-28, reprinted in part in U.S. Congress, Senate Hearings, Committee on Appro priations, Civil Supersonic Aircraft Development (SST), 92nd Congress, 1st Session, March 10, 11, 1971. ^New York Times, February 2k, 1971 and Interavia. September 1971 cited by William A. Shurcliff, SST Handbook for  1972 (Cambridge, Mass.: Citizens League Against the Sonic Boom, 1971), P. 8.5. 5?Air Transportation Association and Aerospace Indus tries Assn., "Summary Status Report on Aircraft Engine Exhaust Emissions," Sept. 1968, cited by K.M. Ruppenthal, Problems of  Aircraft Noise and Exhaust, Faculty of Commerce, University of British Columbia, Vancouver, B.C., 1972. 96 reduced, and oxides of nitrogen will increase. As mentioned earlier, oxides of nitrogen are not presently covered by air emission standards under the Clean Air Act, but this is likely to change in the near future. Fuel consumption in the future is quite difficult to predict. In a survey of Canadian fuel consumption trends, E.R. Mitchell7 projects a "continued strong growth rate of 6.5$ per annum" in overall fuel consumption to 198O with only a k.O to h.2% per annum rate of increase of aircraft gasoline and jet fuel. Braithwaite, et al.77 are much more optimistic stating: With respect to commercial aviation, it has been estimated that jet fuel consumption will continue to double every five to six years. There are so many unknowns that predictions today are poor indicators of the future. Reasons for uncertainty include the following: 1. At the present rate of use, the total known reserves of coal, natural gas and oil in Western Canada could supply our needs for 300 years. Uncertainty lies in the follow ing areas: a. The rate of increase in known reserves in Western Canada, the MacKenzie Delta, the Arctic Islands, the east coast of Newfoundland and Labrador, and Canadian holdings in the North Sea, Australia, and other foreign areas. b. The future rate of use and the future distribution of the crude oil barrel. At present a small per-,R. Mitchell, Fuel Consumption and Air Pollution  Trends in Canada 1965-19"go (Ottawa: information Canada, 1972% pp. iii, 16. 59 2\, 77Braithwaite, et al., Transportation Pollution, pp. 23-97 centage of the crude oil barrel goes to jet fuel with a large amount to heating oil. Redistribu tion through oil refining and natural gas proces sing may change the proportion of usable fuel for commercial aircraft. 2. Developments such as the Athabaska tar sands and the coal gas projects may promote the use of different types of fuel. Nuclear and matter energy will definitely have an impact on both fuel consumption and air pollution trends. 3. National and international oil policies and the actions of such groups as O.P.E.C. affect the cost structure of airlines (15$ of total operating expense is fuel) and may determine consumption trends in the future. h. The degree of environmental concern over air pollution as evidenced by legislation and/or litigation will be a factor once alternatives to fossil fuels are developed for commercial aircraft. Air pollution, until quite recently, has followed the pattern of fuel consumption. What went into an engine as a fuel contaminant came out as a pollutant, and was added to by unburned hydrocarbons (due to engine inefficiency). Recently the demands to reduce air pollution have not only increased the efforts to design a more efficient engine but also have in creased the efforts in refining cleaner burning fuels. The pressure exerted on the oil industry, by the military, to pro duce low contaminant JP-6 jet fuel has resulted in close cooperation between oil refiners and the American Petroleum Institute. Through contaminant removal at the source and modern processing techniques the future looks bright for in-creased fuel consumption and decreased air pollution. 3.5 Summary From December 17, 1903 when the Wright Brothers finally got their airplane into the air at Kitty Hawk, North Carolina, technology has been synonymous with advance in air transporta tion. Today the human environment offers new challenge to the ingenuity of aircraft designers, airline executives, pilots, and members of the scientific community. The U.S. Government's Climatic Impact Assessment Pro gram is the type of response to this challenge that is re quired for the formulation of meaningful and sensible legisla tion for the future. The Expropriation Act of Canada indi cates a legislative attempt to implement policy concerning the effect of noise on land owners and residents living near air ports. This attempt, much debated in Canada, represents progress by recognizing the present state of technology and relating it to the human environment. The technical considerations involved in the reduction of the harmful effects of noise and air pollution from air craft challenge the most competent designer. The uncertain ties of the future, as illustrated by a wide disparity in fuel consumption projections, and the vast number of interacting design variables provide the aviation industry with its greatest technical challenge since 1903. 99 CHAPTER IV THE EXISTING LEGISLATION: ECONOMIC PROBLEMS AND IMPACT L.l Environmental Economics Economics is concerned with the rational allocation of scarce resources among alternative uses to achieve maximum utility. Economics provides a formal basis for decision making in private and public affairs.1 These two qualities of economics indicate the importance of an economic approach to air transportation and the human environment. In the first place, there is definite proof that air and water, sometimes referred to as environmental goods, are becoming increasingly P scarce, especially in urban industrial areas. In the second place, a formal basis for decision-making in private and public affairs vis-a-vis environmental expenditure has been lacking in the past. In the past, economic theory has tended to separate private (utility = profit) and public (utility = social benefit) decisions. In reality this separation may be difficult to achieve. Some of the problems associated with this challenge to economic thinking are discussed in this chapter. "^Roger E. Levien, "The Economic Side of Systems," (one lecture in a series on Macro Systems. Analysis and Synthesis of Complex Systems, presented at the University of California Extension, San Francisco, California, Fall, 1968), p. 1. 2 J.R. Lave, J.B. Lave and E.P. Seskin, Migration and  Urban Change (Pittsburg, Pa.: Carnegie Mellon U., 1972), p. 12. 100 Branscomb outlines two situations which are common place in today's world. These illustrate some of the concepts and difficulties of environmental economics. The first situa tion is:3 The individual wants good transportation and a clean environment. But when the benefit (clean air) only follows from everyone assuming the cost (a more expen sive car), a collective market decision or a social decision is required. The individual's market behavior will not justify any manufacturer's effort to make a more expensive non-polluting car. The individual decision is not consistent with his wants and he looks to others to provide a clean environment. Under the present system man has no choice on an individual level, ... "but to breathe the air around him—polluted or not." J.W. cr MacNeill expands upon this point by stating:7 An important characteristic shared by many "environ mental goods" is their non-marketability. They simply do not lend themselves to production or packaging or to allocation by price. Clean air, clean water and a quiet neighborhood, for example, are open to the enjoy ment of anyone; no one can be excluded from their benefits. The corollary of this is that it is rarely in a single individual's private interest to supply these goods; they normally must be supplied by the people as a whole through the public sector. With few exceptions, this is true of the whole range of "environmental quality goods", they are "public goods". Before environmental goods were considered by economists there was a distinction made between "free goods" and "economic goods". Figure k.l below illustrates this distinction: -'Lewis M. Branscomb, "Taming Technology," Environmental  Quality and Social Responsibility, ed. by R.S. Khare, J.W. Kolka, and C.A. Pollis (Green Bay, Wise.: University of Wisconsin—Green Bay, 1972), p. 131. L. MacNeill, Environmental Management. A Constitutional  Study, p. lk9. ^Ibid., p. 16 FIGURE h.l FREE GOODS AND ECONOMIC GOODS 101 GOODS No Cost Cost FREE GOODS ECONOMIC GOODS Source: Thomas Crocker and A.J. Rogers, Environmental  Economics (Hinsdale, Illinois: Dryden Press Inc., 197D. In the past, water and air have been treated as if they were free goods. Termed "noneconomic" goods, they were not con sidered scarce relative to the need for them and of no particu lar concern to economists. The use of water by industries and householders was based on payment for the services connected with supplying the water rather than paying for the water itself.' Similarly, a diver would be charged for air compres sion costs for filling his air cylinder with pure air. This type of economic thinking, still prevalent to a great extent today, was based on the ancient legal notion that the ambient James M. Murray, "Toward an Environmentally Oriented System of Social Accounts," in Environmental Quality and  Social Responsibility, ed. by R.S. Khare, J.W. Kolka, and C'.A. Pollis (Green Bay, Wise.: University of Wisconsin— Green Bay, 1972), p. lk. 7 'H.J. Kolshus, "Common Property Resources and the Invisible Hand}' in Environmental Quality and Social Responsi bility, ed. by R.S. Khare, J.W. Kolka, and C.A. Pollis (Green Bay, Wise: University of Wisconsin—Green Bay, 1972), P. 135. air is "res nullius", the property of no one. Today the various components of a quality environment— open spaces, attractive neighborhoods, clean air and water, quiet—are beginning to be regarded not only as public goods, but also as "amenity rights", rights to be recognized in law and guarded and protected as jealously as many other funda-Q mental rights. Branscomb1s second example involves another commonplace situation in today's world. He states:10 The chemical manufacturer is in the same boat. If he makes a unilateral effort to take care of the problem of wastes in the public interest, he has no protection from his less civic-minded competition. Thus, uniform standards are required. Figure h.2 illustrates the chemical manufacturer's dilemma. Clean air and water are public goods and hence reflect social costs. Under the present system there is no way in which the chemical manufacturer can bear the costs of destroying these public goods in an equitable manner. Although there is a definite movement toward traditional property law and the standard legal principle,"sic utere tuo ut alienum non laedas" —use your own property in such a manner as not to injure that o Joseph L. Sax, "Legal Strategies Applicable to Environ mental Quality Management Decisions," in Environmental Quality  Analysis, ed. by Allen V. Kneese and Blair T. Bower (Baltimore, Md.: The John Hopkins Press, 1972), 0. 339. ^MacNeill, Environmental Management, A Constitutional  Study, p. 17. 10Lewis M. Branscomb, "Taming Technology," p. 131. of another—the problem is by no means solved 103 FIGURE h.2 PUBLIC GOODS AND PRIVATE GOODS Social Costs Private Costs Two specific items are worth mentioning as essential for an understanding of environmental goods in the existing or in a new economic framework; these are the concepts of resource scarcity and the externalities of environmental pollution. L.l.l Resource Scarcity The assumption that water and air are scarce relative to the need for them is rapidly becoming true, especially in 12 1^, urban industrial areas. Heggie J considers items such as travel time, noise, smoke, effluent, unpleasant working condi tions, pain and suffering, and accidental death as elements of a "quality-of-life resource". He points out that, "the scarcity of some parts of this resource—rivers, air and countryside— only become apparent when a large part of it has 11Sax, "Legal Strategies Applicable to Environmental Quality Management Decisions,w p. 339. 1? Lave, Lave, and Seskin, Migration and Urban Change, p. 12. "^ian G. Heggie, Transport Engineering Economics (Maidenhead, Berkshire, England: McGraw Hill Book Co., (UK) Ltd., 1972), p. 8. already been consumed." One of the realizations of recent thinking is that man has been consuming a scarce resource for quite some time without paying for it in any way or preserving it for the future. As mentioned in Chapter I, modern day man is realizing that his "... apparent dominion over the environ-15" ment is but a licence from nature with a fee yet to be paid." y Kolshus describes the results of ignoring the scarce resource . 16 quality of environmental goods and predicts future costs: The benefactor of industrial pollution is in the short run the consumer who enjoys what economists call a consumers' surplus—he is getting more than he pays for, a gap between total utility and total market value. In the long run the situation is difficult. ... The cost of cleaning up the environment as an after thought is likely to prove considerably more expensive than had it been included in all facets of production. The greatest challenge is how to reflect resource scarcity of non-monetary inputs in the market place. For example, one might argue that the increased cost of an aircraft engine might sway an airlines decision to expand their fleet. The environmentalist would say, "if that is the case don't expand the fleet." The industry spokesman might see it in a different light and feel that "expansion is necessary for the Ibid., pp. 7-8, Heggie asserts that his "quality-of life resource" has characteristics of the other scarce re sources (land, labour, and capital), since, "it can be im proved; it must be maintained; it is exhaustible (even clean air can be exhausted); and it has scarcity value." lyYannacone, Jr., and Frangella, "Environmental Concern —The Law and Aviation," p. 368. 16 Kolshus, "Common Property Resources and the Invisible Hand," p. 136. 105 country's balance-of-payments and industrial growth." Without legislative guidance the dual interests of the human environ ment and the aviation industry cannot be simultaneously met. The tendency to put off investment on pollution abatement equipment is based on the realities of the market place and the time value of money, not on a lack of understanding by private enterprise. Environmental goods are scarce goods and struc tural economic change is required to reflect this in the market place. Unless the competitive market explicitly recognizes common property resources, or the government recognizes these scarce resources and drafts legislation to control their use, there is no way in which environmental quality can become a true variable in the business decision-making process. In the case of public investment the government must add the "quality of life" to the other scarce resources, land, labor, and 17 capital, in its evaluation procedure. L.1.2 Externalities From the nature of the air transportation industry and the environment it is clear that (in the economist's termino logy) we are concerned with "side-use effects", "spillovers", "external diseconomies" or more commonly "externalities". These are relationships other than those between buyer and seller. The activity of one economic unit generates "real" •^Reggie, Transport Engineering Economics, p. 8. 106 effects that are external to it. In the case of air trans portation the behavior and equipment of the airlines result in losses to others who are involuntarily exposed to them, but the airlines cannot fully take account of these losses in choosing their behavior and equipment. Those who are involun tarily exposed have no direct remedy or "feedback", apart from a limited ability to avoid places that they find to be 19 noxious. 7 Aircraft noise, for example, is a unidirectional case in which there is some scope for both the creator of the adverse external effect and the sufferer from it to adjust the scale and the nature of their activity. Airlines can, "reduce the number of night take-offs, modify engines to reduce noise 20 and alter the speed and angle of ascent—all at a cost." The householders around the airport, on the other hand, "can 21 install soundproofing or move", but these strategies serve only to lessen the impact of externalities and do not negate their existence. The control of externalities is difficult and a number of attempts have been made to "internalize" these externali-l8Allen V. Kneese and O.C. Herfindahl, "Tools for Analysing Some Environmental Problems" in Quality of the En vironment? An Economic Approach to Some Problems in Using  Land. Water and Air (Washington, D.G.: Resources for the Future, 1965)? pp. Ik-15. •^Reynolds, The Urban Transport Problem in Canada, P. 83. 20Turvey, "Side Effects of Resource Use," pp. L7-50. 21Ibid. 107 ties (i.e. bring them within the decision maker's control) through various instruments of fiscal policy such as taxes and fines. Unfortunately pollution externalities can only be 22 internalized at considerable cost, thus reducing profit. The private goal of maximizing profit is not consistent with the public goal of maximizing good health. Tinney and Parkes summarize this state of affairs by stating, "Even though we desire a readjustment and reallocation of resources to achieve a better environment, the normal market mechanism is unable to respond."23 In the next section we will look at some attempts fo revise the market system to make it more responsive to environmental demands. k«2 The Environmental Market System "Technological external diseconomies are not freakish anomalies in the processes of production and consumption but ?k an inherent and normal part of them," claim lyres and Kneese. The complexity of environmental goods and their externalities are nowhere better shown than by the sonic boom and inadvertent climate modification. These phenomena defy the price system. Richard J. Hickey, "Air Pollution," in Environment— Resources, Pollution, and Safety, ed. by William Murdoch (Stamford, Conn.: Sinauer Associates, Inc., 1971)? p. 209. 23Tinney and Parkes, "Enhancing the Quality of the Environment," p. 15. pk R.U. Ayres and Allen V. Kneese, "Production, Con sumption, and Externalities," American Economic Review, LIX, No. 3 (June 1969), p. 287. 108 In an attempt to move from the confines of the simple cause-effect relationship underlying the present market system several researchers have suggested alternative schemes leading to an environmental market system. Much of the difficulty with the existing economic framework is inherent in the simplifying assumptions introduced in economic theory. Some of the diffi culties of estimating the value of pollution abatement are 2^ identified by Lester Lave. He suggests: J Constructing a benefit analysis for pollution abatement consists of finding out what consumers would pay (as a schedule) if there were no problems with knowledge, psychological realization, income distribution, decision making for others, myopia (and other problems with decisions over time), and public goods. That is, we want to know what consumers would pay for abatement if the economic world were optional except for air pollu tion (and that only marginally incorrect). From the point-of-view of the aviation industry, the inability of the present economic system to explicitly place a value on 26 pollution abatement is described by Baxter: At the present time all economic incentives to mitigate the effects of noise rest on the neighboring landowner. The aviation industry has no economic incentives to lessen noise impacts. Of course, it does have political incentives to lessen noise, and it has not been so short-sighted as to ignore them. But political pres sures, unlike economic criteria, don't tell the industry how much expense it would be appropriate to incur. Some have been highly critical of these shortcomings of the present economic system. Perhaps the most accurate appraisal ^Lester B. Lave, "Air Pollution Damage: Some Diffi culties in Estimating the Value of Abatement" in Environmental  uality Analysis, ed. by Allen V. Kneese and Blair T. Bower Baltimore, Md.: The Johns Hopkins Press, 1972), p. 213. 26 Baxter, "Noise: Legal and Economic Implications," in Air.Transportation—A Forward Look, ed. by Karl M. Ruppenthal (Stanford, California: Stanford University, 1970), p. 106. 109 is that of Auld. He states quite concisely,27 "The free-enterprise, market economy has not operated to ration the resources of air and water and this has led to their misuse and destruction." Blaming two institutions, the competitive market and our present definition of property rights, does not solve the problem of future pollution or suggest ways of reducing present environmental decay. Several avenues of improvement have been suggested and are discussed below. k.2.1 Command Economy or Extended Market System Replacing the market economy with a command economy is presently not practical, and "highly undesirable to the majority of this country." The main difficulty with a com mand economy is that it is not politically acceptable to the citizens of our country. Certainly the advantages are great, with central planning and control of pollution expenditures a great deal could be accomplished. The main drawback is that extensive central control would undermine the existence of the free enterprise system. An extended market system infers a system in which scarce resources (including free goods as common property resources, such as air and water) would command a price in the 27D.A.L. Auld, "An Economic Analysis of Environmental Pollution," in Economic Thinking and Pollution Problems (Toronto, Ont.: University of Toronto Press, 1972), p. 3. pO Kolshus, "Common Property Resources and the Invisible Hand," p. 135. 29 market place. Gordon 7 has shown the wastefulness of common property arrangements as has Hardin in his treatise entitled, "The Tragedy of the Commons."30 The prohibitive cost of polic ing individual property rights in air is forcefully brought home by Crocker and Rogers in their book entitled Environ mental Economics. They introduce the concept of emission rights and ambient air standards. They say that this "... scheme recognizes the trade-off to be had between continuous optimizing of costs and of damages and the reduction of un certainty."31 Their conclusion is that a choice between centralized control (command economy) and the free market system is not the decision to be made. They suggest:32 In summary, the basic question in environmental quality control is not of an either/or nature—. a choice between complete centralized control and complete individual control. ... It is a question of the mix between private and central decision making powers. k.2.2 Public Policy and Environmental Control Extending public policy into the area of environmental control is an extremely difficult task. Attempts to date have had limited success, however, they have led to a better appre-%.S. Gordon, "The Economics of a Common-Property Resource: The Fishery," Journal of Political Economy. LXII (April 195^), PP. 12k-lk2. 3°Garrett Hardin, "The Tragedy of the Commons," Science. CLXII (1968), 12k3-12k8. 31Thomas D. Crocker and A.J. Rogers III, Environmental  Economics (Hinsdale, 111.: The Dryden Press, Inc., 1971), p. 138. 32Ibid., p. lk5. Ill elation of the problem, the first step towards its solution. Kneese,33 Mills,^ and others have classified public policy vis-a'-vis environmental control into three main areas: direct regulation, payments by the government to assist in reducing pollution, and effluent charges. These categories are described below: (1) Direct regulation - this includes licences, permits, compulsory standards, zoning, registration, and equity litigation. (2) Payments - this includes direct payments or subsidies and reductions in collections that would other wise be made. (3) Effluent charges - this includes schedules of charges, or fees for the discharge of different amounts of speci fied pollutants or levels of noise and excise or other taxes on specific sources of pollution. It is easy to state the principle by which the socially desirable amount of pollution abatement should be determined:-'7 Any given pollution level should be reached by the least costly combination of means available: the level of pollution should be achieved at which the cost of a further reduction would exceed the benefits. A review of the three main areas of public policy identified above will show that this is considerably more difficult in practice than in theory. 33D.A.L. Auld, Economic Thinking and Pollution Problems (Toronto, Ont.: University of Toronto Press, 1972), p. 70. 3^Ibid., p. 67, based on Edwin Mills, The Economics of  Air Pollution (New York: W.W. Norton, 1966). 3^Auld, Economic Thinking and Pollution Problems, p. 69. 112 The use of direct regulation is recognition by the governing body that the market mechanism is not a workable system for environmental control. This attitude is expressed by Christian de Laet, Director of the Canadian Council of Resource Ministers, who states"No man can arrogate to him self the right to alter the common environment. Such acts must be subject to public regulation and control." Edwin Mills, on the other hand, is critical of this attitude of giving up the free market system. He feels that,37 "Most people ... think entirely in terms of direct regulation—permits, registration, licences, enforcement of standards, and so on", and suggests, "that this is rather like abandoning a car because it has a flat tire." Most critics feel that direct regulation is too rigid and inflexible and hence is unable to respond to a dynamic environment. Payments include subsidization of particular control devices, forgiveness of local property taxes on pollution-control equipment, accelerated depreciation on control equip ment, payments for decreases in the discharge of pollutants, and tax credits for investment in control equipment. This type of social policy has been used in Canada to a certain extent to help business finance pollution equipment. The major drawback is that it tends to attack the effects of pollution rather than the causes. For example, it encourages the con-36de Laet, "The Pollution Problem," p. 127. 37Mills, The Economics of Air Pollution. 113 struction of equipment to treat effluent rather than encourag ing means of reducing the amount and concentration of the effluent discharged.^ This type of policy would promote burner cans for jet aircraft rather than a modified original design or cleaner burning turbo fuel. It appears that a direct payment to firms for decreasing the discharge of pollutants would be a better long-range approach to pollution abatement. Effluent charges on specific sources of pollution have one great advantage over other tools of public policy, this is that they are self-enforcing. The greater the amount of effluent, the greater the cost to the producer and the greater the economic pressure to reduce the absolute quality discharged. Kneese and Bower^ see "effluent charges or taxes as the most effective and efficient" elements of public policy "from a domestic economy point of view." The main difficulty remains in the implementation of such policy. Joseph Sax describes the 3Cannaeone, Cohen, and Davison feel that "pollution control should no longer be viewed as an out-of-profit item for industrial corporations, rather it must be recognized as a cost of production. Therefore, a corporation might be given the option to treat expenditures for noise pollution abatement as a business expense in order to receive an immediate tax write-off without having to depreciate such expenditures over several years." Unfortunately this does not improve the situation mentioned. See Yannacone, Cohen, and Davison, En vironmental Rights, and Remedies, Vol. II, Ch. xi, p. kh-1. ^^Allen V. Kneese and Blair T. Bower, Managing Water  Quality; Economies, Technology. Institutions (Baltimore. Md.: Johns Hopkins Press, 1969), Ch. 5, 6. ilk ko most crucial issue, asserting that: While it may be true that certain resources—like clean air and water—are not priced effectively by ordinary market transactions, or while it may be true that we have tended too long to treat them as free goods (which may be to say the same thing), I think it is also true that simply to impose a price on them by fiat (as by enacting effluent charge laws) will by no means neces sarily make a substantial difference in result. If those who administer effluent tax laws are too com pliant, nothing much is likely to change, except our theory. Although they are "essential elements in a more systematic and kl coherent program of environmental quality management", isolated and ad hoc taxes and other restrictions are not the sole determinants of such a program. One of the basic assumptions underlying the concept of effluent charges or "user pays" charges is that the benefit gained by the user of the facility, or the benefit gained by the private enterprise, outweighs the benefit gained by society in general. This type of thinking has been applied, for instance, k2 in the new Montreal International Airport study: The objective of making the major airports self-supporting is consistent with the objective of making the passengers who use the facilities pay, directly or indirectly, for the facility instead of the tax payers. Similarly, in rapid transit some attempts have been made to make the system bear all the costs associated with its opera tion. In most cases these attempts have failed. There is a ko Sax, "Legal Strategies Applicable to Environmental Quality Management Decisions," pp. 337-338. kl Ayres and Kneese, "Production, Consumption, and Externalities," p. 287. ko Beinhaker and Elek, "Montreal Airport Study—Ste. Scholastique," p. 57. 115 definite lack of agreement on whether "user pay" charges are *+3 just. For example, Baxter states: J It's popular in some economic circles to say that noise is a cost of aviation and aviation should bear all that cost. I don't think that's sound. The lack of agreement as to which area of public policy (direct regulation, payments, or effluent charges) is the best for environmental issues cannot be resolved because there is no one policy which will satisfy all situations. Ralph Turvey suggests that:**1** Administrators should consider alternatives to direct regulation, economists should not exaggerate the applicability of tax devices, and both should remember that, in a democratic country, questions of fairness require legal or political decisions. I agree with this approach because it recognizes the importance of looking at public policy in environmental control from a macro-system point of view. The recognition of interacting cause-effect relationships gives the first guidance in what the magnitude of effluent charges or taxes should be in order to "induce behavior that would lead to acceptable levels of pollu-tion." J Some of the novel approaches outlined below recognize the need for obtaining a fit between public environmental policy and the realities of private costs. A Canadian economist, J.H. Dales, suggests the formation of pollution authorities in regional air and water-sheds. 1+3 JBaxter, "Noise: Legal and Economic Implications," p. 105. ).,)• Turvey, "Side Effects of Resource Use," p. 60. ky,R.G. Ridker, Economic Costs of Air Pollution (New York: Frederick Praeger, 1967), Ch. 1. These authorities would determine the maximum level of pollu tion that a region would tolerate, and then market pollution rights, certificates allowing a certain amount of pollution. The market would determine the price of these certificates which would be traded as stocks and bonds. Industry would have the choice of developing abatement remedies or purchasing pollution rights. Special interest groups like conservation groups might purchase rights and destroy them, thus lowering 1+6 the amount of pollution in that area. This integration of the market system and the ecosystem is based on a minimum 1+7 amount of government interference ' after the tolerable level of pollution for any particular region has been determined. Other suggestions see the government playing more of a role in the balance between regulation and free market control consistent with their perception of the best social policy. Presently these suggestions are unsophisticated and open to attack but they represent a new approach to the problems of environmental control, an approach that is vital to our country's future. k.3 Economic Costs and Incentives re: Pollution In this section I will briefly outline some of the economic costs of pollution in Canada and look at the incen tives for the reduction of pollution. In a 1971 study, Hedlin 1+6 J.H. Dales, Pollution, Property and Prices (Toronto, Ont.: University of Toronto Press, 1968). ^Sonja Sinclair, "The New Economics of Pollution," Canadian Business. November, 1971? P« 37. 117 Menzies and Associates estimated the annual costs of pollution control under current policies in Canada during the next fifteen years. This survey estimated a total annual cost of $935 million divided into k5.2$ water pollution, 31.6$ air . Kg pollution, and 23.2$ solid waste disposal. Table VI below illustrates the breakdown for air pollution: TABLE VI ESTIMATED ANNUAL COSTS OF POLLUTION CONTROL—AIR Capital Operating Total Percentage of Total (Annual Cost in fmillions) Automobile emission control 130 15 lh-5 k9.1 SOp removal from stack gases >+0 30 70 23.8 Industrial control equipment 50 17 67 22.7 Jet engine exhaust controls 9 h 13 229 66 295 100.0 Source: From a study by Hedlin Menzies and Associates Ltd. in Sonja Sinclair, "The New Economics of Pollution," Canadian Business. November, 1971? P. 32. Mitchell reports that by applying technically feasible abatement measures in 1975? about 6.9 million net tons of harm ful pollution can be avoided in 1980. To accomplish this significant feat, it is roughly estimated that a capital expenditure of $1.6 billion will be needed by 1980 plus 1+8 Ibid.. p. 32, Values calculated from a study by Hedlin Menzies and Associates Ltd., p. 32. $300 million per year for automobile pollution control devices starting in 1975. Relating this to the Hedlin Menzies and Associates forecast an expenditure of just over twice the annual capital expenditure ($696 million) and twice the annual automobile emission control expenditure ($lk5 million) would allow us to decrease the 1980 pollution burden by 33$.^° Lester Lave gives some Indication of how a decrease in pollu-51 tion of this magnitude would affect Canadians. He states:7 As best I can tell, abating pollution by 50 percent throughout the nation would add three to five years to the life expectancy of a child born in 1970. Another way of stating the effect is to estimate that a 50 percent abatement would lower the economic cost of all ill health by just under 5 percent. ... Recent "miracles of medical care" have had a much smaller Impact on the nation's health. For example, eradicat ing polio by vaccine is much less important than the 5 percent reduction that would be gained by abating pollution. In the case of decreasing 1980 pollution by 33$ we would be looking at a 3.3$ decrease in the economic cost of all ill health. In Canada in 1965 hospital costs for respiratory ill ness amounted to $123 million and wages lost $1.5 billion.7"2 Statistics show without doubt that the incidence of such diseases is greater in polluted urban centers than in rural areas and with increased urbanization, the incidence of such disease has increased in the last 20 years. Based on the ko 7Mitchell. Fuel Consumption and Air Pollution Trends  in Canada 1965-1980f p. iii. ?QIbid, ^Lave, "Air Pollution Damage," pp. 2lf0-2I+l. ^Braithwaite, et al.. Transportation Pollution, p. 8. 119 figures given above, one might conclude that pollution abate rs ment is a good public investment.7-* Noise pollution costs are high. The estimate to modify the world*s commercial jet fleet anticipated by 1980 is an investment of $860 million to $2.7 billion.^ Considering Canada's 3*7$ share of the world market this would be roughly $32 to $100 million or two to seven times the present $13 mil lion annual cost of air pollution control for jet engines (of which very little goes to noise abatement equipment). The incentives to reduce noise would have to be somewhat greater than those to reduce air pollution in terms of economics. In view of the economic costs of pollution and the possibility of a significant public benefit by spending money now to clean up the environment, there appears to be sufficient incentive for government action to achieve this end. Weighed against alternative uses of funds it is unlikely that,even in economic terms, the government will have better investment opportunities for the public. The question remains whether or not federal intervention into the public sector Is warranted. 7JMinister of the Environment for Canada, Mr. Jack Davis, states that the external costs (costs which must now be internalized by better environmental control) are not large for most industries ranging from 0.5 to 3.0 percent of gross income and averaging about 1 percent for most manufacturers. This estimate is based on present standards rather than a major attack on pollution funded by the government. Cost data from Environment Canada, Canada and the Human Environment (Ottawa: Information Canada, 1972), p. 31. 7 U.S. Council on Environmental Quality, Environmental  Quality—1972. p. 27k. 120 A U.S. Senate Committee report gives some guidance here. It reads In dealing with matters of transportation regulation and promotion, government actions at all levels are taken with the justification of broad public interest. This, in fact, is the only legal basis for the extent of Federal intervention in private enterprise. In the case of increased governmental spending on pollution abatement facilities, the broad public interest is served and federal intervention is justified. h.h Environmental Quality and International Trade In Chapter II, Section 7, I spoke briefly about inter national agreements on noise levels and air pollution stand ards. In this section I will extend my international considera tions of the air transportation industry to look at the impact of environmental quality on international trade. Air transpor tation not only contributes to the flow of good between countries but also transports entrepreneurs, government trade commissioners, and representatives of every nation to meet face-to-face over matters of international importance. The manner in which environmental quality is handled on an international scale will have a profound impact on the air transportation industry. Recognizing that environmental measures can have important economic implications, the Organization for Economic Cooperation and Development (OECD)— composed of Japan, Australia, and the industrial-77U.S. Congress, Senate, National Transportation Policy.  Preliminary Draft of a Report for the Committee on Interstate  and Foreign Commerce (Washington, D.C.: U.S. Government Printing Office, 1961), p. 32. 121 ized nations of Western Europe and North America— asked the Environment Committee that it formed in 1970 to suggest ways to minimize the impacts of environ mental protection measures on international trade. Based on committee recommendations, the OECD Council at its ministerial meeting in May 1972 adopted a set of guiding principles on the international economic aspects of environmental policies.•pD The OECD guidelines, referred to above, espouse the "polluter pays" principle, which states that "the cost of pollution controls should be reflected in the costs of making products the use or production of which causes pollution."7' Under the "polluter pays" principle some portion of the environmental protection cost is ultimately borne by the con sumer of the product as reflected in the selling price. The OECD guidelines include another important principle—"that governments should frame their environmental protection measures in a way that avoids creating nontariff barriers to trade."^ The spirit of the OECD guidelines are reflected by 59 d'Arge and Kneese, who assert:77 We hope that international negotiation and the harmonizing of environmental control programs can proceed unhindered by unjustified unilateral decisions for protection of domestic industries which will result in inefficiencies in production that are international in scope. 56 7 U.S. Council on Environmental Quality, Environmental Quality—1972. p. 80. 57 58 ?7Ibld.. p. 81. Ibid. ^Ralph C. d'Arge and Allen V. Kneese, "Environmental Quality and International Trade," in World Eco-Crlsis ed. by David A. Kay and Eugene Skolnikoff (Madison, Wise: University of Wisconsin Press, 1972), pp. 293-29^. The OECD guidelines were optimistic; however, the real ity of the situation was deanonstrated when the United Nations Conference on the Human Environment adopted a recommendation calling for compensation by the developed countries to the less-developed countries for trade damages stemming from 60 environmental factors. The coolness of developing countries 61 toward U.N. involvement with the environment is not without reason. Brazil's position, as described by Dr. Hugh Keenley-side, is that, "the developed countries want to climb the ladder of success and pull it up after them," reflecting the general attitude that, "you've had your development, now you 62 want to keep us from doing the same." The greatest international concern is that environmental policies of national governments will not be the same. This fear is particularly well-founded when one considers that, "Pollution or defacement of a physical landscape can only be measured against a human preference,"^3 and that agreement on An David A. Kay and Eugene B. Skolnikoff, "International Institutions and the Environmental Crisis: A Look Ahead" in World Eco-Crlsls ed. by D.A. Kay and E. Skolnikoff (Madison, Wise: University of Wisconsin Press, 1972), pp. 305-311*-. 6l The United States voted against this proposal, point ing out that many forces affect export earnings and that to single out any of these, such as environmental actions, for compensatory treatment is wrong in principle and would create a disincentive for environmental improvement. 62 Hugh Keenleyside, "The Stockholm Conference on the Environment: An Assessment." ^Gilbert F. White. "Formation and Role of Public Attitudes,"' in Environmental Quality in a Growing Economy ed. by Henry Jarrett (Baltimore, Md.: Johns Hopkins Press, 1966), p. 105. 123 human preference, even on a national scale, is extremely diffi cult to achieve. The consequences of unequal national treat ment of environmental quality are reflected in the fear 6k described by d'Arge and Kneese: One fear is that cost increases which home industries may have to sustain because of environmental controls will adversely affect both the industry's and the state's international trade position, the level of real national income, and long-term comparative advantage. This fear becomes particularly acute when it is suggested that one trading country move to curb environmental degradation without coordinate action by others or when it is thought that other countries will subsidize the environmental controls instituted by industry while the country in question will not sub sidize but perhaps even charge or tax them for any environmental disruptions. A series of retaliatory trade actions could be triggered by three mechanisms. First, firms subject to strict environ mental standards may be put at a competitive disadvantage with foreign competitors that are not, and seek to equalize this by 65 imposing trade barriers on non-environmental goods. J Second, nontariff barriers, such as frontier charges and export sub sidies, may be established by nations with high environmental standards to equalize environmental costs with trade competitors. Finally, those nations with high environmental standards may discriminate against nations producing "environmentally inferior goods". A difficulty directly caused by an international d'Arge and Kneese, "Environmental Quality and Inter national Trade," pp. 257-258. yU.S. Council on Environmental Quality, Environmental  Quality—1972. p. 92. 12k emphasis on environmental quality develops out of the "environ mentally inferior good" concept. For a number of years the United States has been sending mono-degradable detergent to underdeveloped countries and producing bio-degradable detergent for domestic use. Similarly Canada exports high-sulphur coking coal to Japan. This flow of eventual pollutants between nations has been the by-product of demand for low price goods in the international market. It also reflects the former attitude, on an international scale, that clean air and fresh water were "free goods". Another example of a potential upset of inter national trade patterns is the situation facing the exporters of lead and sulphur (including Canada). Already our prairies are being stockpiled with sulphur as the price declines even further (1971 ~ $23/ton, 1972 ^ $8/ton). As lead is phased out of gasolines and paints and as sulphur is recovered from indus-66 try, the worldwide demand for these materials will decline, affecting the international balance of trade. A third area in which environmental quality considera tions may affect international trade flows is in the deter mination of the location of production facilities. One of the major components in location decisions is the cost of trans-67 portation. As John Munro points out: ' Within the involved evaluation of the cost and revenue characteristics of alternative locations, transport 66M., P. 93. ^7John M. Munro, Trade Liberalization and Transportation  in International Trade (Toronto, Ont.: University of Toronto Press, 1969), PP. 5-6. 125 costs are a key consideration. They influence the delivered cost of raw materials and fuel, and they affect the market attributes of different locations. Relatively high transport costs mean expensive pro duction and restricted markets and, unless offset by some major locational advantage, can act as an abso lute barrier to the establishment of economic activity at a certain location or in a certain region. Changes in transportation costs can have similar effects on firms already established at given locations. From the point-of-view of the international firm contemplating investment in a particular country, the environmental controls imposed by different countries is going to enter into his decision. The low cost operation of Liberian and Greek tramp steamers may be upset by environmental controls which, reflected in crude prices, may alter the international flow of oil and the location of refining facilities. On a lesser scale, unequal national consideration of the SST may affect the location of business abroad. In the 1970s, the United Nations will, in its non-political work, be concerned with "quality of life" issues as well as Gross National Product—and with problems of developed as well as less developed countries. Environmental issues may come to exercise a growing influence on international 69 economic relations. 7 The problems are not unlike the prob lems faced on the national level and the need for an inte-Gardner, "The Role of the U.N. in Environmental Problems," p. 69. 69 7k report submitted by a panel of experts convened by the Secretary-General of the U.N. Conference on the Human Environment, Founex, Switzerland, "Development and Environ ment" in Environment Law Review—1972 ed. by H. Floyd Sherrod, Jr. (Albany, N.Y.: Sage Hill Publishers Inc., 1972), P. 698. 126 grated approach which is receptive to the demands of the human environment is even more apparent. 5 Summary Before summarizing this chapter I would like to record the conclusions of Allen V. Kneese with regard to economic studies of environmental quality. His contribution to this area has without doubt been of major impact. He offers three 70 conclusions:1 1. Optimum rules, standards, or other techniques for controlling environmental quality must result from analysis of values, contrary to the usual approach which is still narrowly focused on physical effects and objectives. Research in the economics values associated with environmental management has made significant progress along some lines, but has barely begun to shed light on many difficult prob lems. 2. Even carefully determined value-based rules and regulations governing individual, industrial, and local government decisions often cannot achieve optimal environmental quality management; more direct and explicit collective acting on a regional scale is often indicated. 3. We are ill-equipped institutionally to implement those management systems and procedures which economic and engineering analysis suggests; and appropriate research on how to design suitable in stitutional and organizational arrangements has hardly begun. A study of Air Transportation and the Human Environment would not be complete without some mention of the relatively new field of environmental economics. New problems demand new approaches, and, although simplifying assumptions must be made, ' Allen V. Kneese, "Research Goals and Progress Toward Them" in Environmental Quality in a Growing Economy, ed. by Henry Jarrett (Baltimore, Md.: Johns Hopkins Press, 1966), p. 87. 127 important variables cannot be ignored. Recently, new thinking has been directed toward environmental goods, goods such as air and water that have always been with us but have not been recognized in an economic sense. With this new approach some attempts have been made to incorporate the human environment into an economic frame-of-referenee. These attempts have not all been successful; however, they have provided a beginning for a more coherent environmental quality management system. The problems of the human environment are complex and the solutions are not easily determined. On a national level much can be accomplished by increased governmental expendi ture to realize the benefits of a healthy population. On an international scale, an understanding of the impact of environ mental controls on world trade patterns is vital to both multi national corporation decision makers and government represent atives. 128 CHAPTER V THE EXISTING LEGISLATION: SOCIAL PROBLEMS AND IMPACT Aviation has had a major impact on the social patterns of man. From a modest beginning in passenger and mail service in the 1920s to the large-scale international passenger and air cargo service of today, the air transportation industry has influenced human settlement patterns, the adoption of parts of one culture by another, and the spread of various ideologies throughout the world. Aviation has also promoted a general widening of individual perception from a regional to a global scale. In the first seventy years of this century man ruled the air. In the last few years it appears as if the air is ruling man. The damaging effects of air and noise pollution are causing a revolution in man's attitudes toward transportation. In 1970, Halaby stated,1 "The race between technology and sociology is on, and that is where the action is." In the light of recent developments it is less of a "race" between technology and sociology and more of a challenge for technology to accommodate social demands and priorities. Halaby, "Introduction to the Symposium" in Air  Transportation—A Forward Look, ed. by K.M. Ruppenthal (Stan ford, Calif.: Stanford University, 1970). 129 5.1 Noise and Human Tolerance I have long held the opinion that the amount of noise which anyone can bear undisturbed stands in inverse proportion to his mental capacity, and may therefore be regarded as a pretty fair measure of it.... Noise is a torture to all intellectual people. P So wrote Schopenhauer in 1&V+, long before the first airplane ever flew. The physiological, psychological and behavioral effects of noise, as mentioned earlier in this thesis, are items of major impact on the air transportation industry. The community's concern is being brought more and more urgently to the attention of government officials. U.S. General William F. McKee, while he was FAA director, said,3"Noise means irritated citizens whose growing protests are blocking needed airport expansion even when such money is available." Former U.S. Assistant Secretary of Transportation,Cecil M. Mackey went further, saying that the citizen's insistence on less degrada tion of his environment, "is the single most outstanding L, characteristic of society." What are the facts about noise and human tolerance? How much noise can we stand? Ehrlich and Ehrlich give the 2Arthur Schopenhauer, "On Noise" in The World as Will  and Idea (H. Haldane and J. Kemp, trans., l&VO, cited by V.J. Yannacone, Jr., B.S. Cohen, and S.G. Davison, Environ mental Rights and Remedies (Rochester, New York: The Lawyers Co-operative Publishing Co., 1972), p. 37k. ^Evert Clark, "Noise Called Bar to New Airports," New York Times. October 5, 1967. **Ibid. 130 following guidelines:7 Permanent loss of hearing follows chronic exposure to high noise levels. Noise levels as low as 50-55 decibels may delay or interfere with sleep and result in a feeling of fatigue on awakening. Recently there has been growing evidence that noise in the 90-decibel range may cause irreversible changes in the autonomic nervous system. In terms of common, everyday noise levels these levels can be related to the following scale: 35 decibels - classroom 55 decibels - restaurant 60 decibels - sports arena (use of telephone difficult) 80 decibels - use of telephone virtually impossible 90 decibels - tolerated only in short periods 100 decibels - acute discomfort 130 decibels - jet revving engines at take-off (maximum allowable for humans) These are facts based on human tolerances not on human prefer ences. They are absolute quantities based on the biological limitations of man. The social problems are inherent in the interpretation of these limitations. How close to approach the limits of discomfort varies with individual, group or employer preference and is based on human judgment rather than fact. In this section I have dealt specifically with noise pollution. There are human tolerances to other forms of pollu tion, such as air pollution, and the conclusions reached would apply equally well. In the following sections a more general approach will be used in discussing the social problems of the human environment. 'Ehrlich and Ehrlich, Issues in Human Ecology, p. lk0. 6 These levels are based on information given in the proposed U.S. Noise Control Act of 1966 as quoted by Culliton, "Noise Threatens Man," p. 101. 131 5.2 Perspectives and Pressure Groups The social problems associated with the human environment involve a hierarchy of needs. Individual needs for a specific level of environmental cleanliness contribute to group needs, group needs help to form national or cultural needs, and national needs form global requirements. As one progresses up such a hierarchy there is increasing pressure on the higher levels to satisfy conflicting needs of the various levels below. This social pressure is the motivating force for change. Social pressure associated with individual and group con cern over environmental issues has been strongest from so-called "pressure groups". The theory behind this attempt to influence 7 social policy is described by Towler and Nonken:' If a sense of social responsibility can be developed within those who control the major sources of pollution, and if pressure groups can be formed and maintained to watch them, we may see some balance. The environmental problem is one of values in conflict. The assumption made by Towler and Nonken is that those who control the major sources of pollution have different values than those who suffer its effects. Edward Carlson, president of United Airlines, takes exception to this assump-o tion by stating: I guess one of the things that bothers me with those that are environmentalists, and the environment thing, is that they are not the only ones interested in environmental problems. I happen to be, I think, a pretty good citizen of this country, and I'm interested in the environment. But I am also interested in it as 7 John Towler and Harold Nonken, "Education for Sur vival," Environmental Quality. February 1973, p. 38. o °Cramer, "The Airlines Speak," p. 21. 132 the principle officer of this company. So anything we can do in the total field of environmental programs we are going to endorse. The conflict of corporate responsibilities faced by such men as Q Carlson is described by Learned, et al. Learned suggests that the business decision-maker must formulate and implement strategy capable of balancing economic opportunity, corporate resources, personal and organizational aspirations, and the legitimate interests of other segments in society. A code of professional business conduct, such as that outlined by Austin, may call on the executive to place, "the interests of society before his own and his company's interests".10 Inherent in this code is an assumption of diverse, competing goals. The main difference, as I see it, is that the "pressure group" has one goal—the preservation and enhancement of the environment— whereas the business decision-maker has many. 5.3 Response to Social Pressures The social problems associated with the human environ ment have become political issues at the national level. An example of social pressure causing political action is provided by Howes. She states:11 %!dmund P. Learned, et al., Business Policy.Text and  Cases, revised edition, (Homewood, Illinois: Richard D. Irwin Inc., 1969), PP. k85-k93. 10Robert W. Austin, "Code of Conduct for Executives," Harvard Business Review, September-October 1961, P. 53« xlHelen C. Howes, "Pollution: Careful Plans and Firm Action," Canadian Business. April 1971, p. 30. 133 The Swedes' insistence on healthful, attractive environ ment and safe recreation facilities has forced aspiring politicians to make anti-pollution measures and conserva tion important planks in their platforms. Valfrid Paulson states in Scandinavian Times. "When our new laws were under debate, political parties tried to outdo each other in devotion to the oause." Today Sweden leads the Western world in this field. In the airlines industry, Scandinavian Airlines and their Swedish subsidiary, Linjeflyg, are giving the matter serious 12 study, consistent with this national movement. In Canada, the response of society to environmental degradation has been directed toward each level of government. On the local level, citizens' groups have exerted pressure on industry and government in such well publicized events as the "Arrow" incident and West Coast oil spills, air pollution damage in the Windsor/Detroit area, environmental arsenic at Yellowknife, lung cancer in Newfoundland fluorspar miners, and community intrusion due to jet aircraft noise in several of Canada's major population centers. On the regional level, social pressure has been instrumental in the Canada-United States Agreement on Great Lakes Water Quality, the Saint John River Basin Agrement, a marine reserve for the Strait of Georgia, and the preservation of the Canadian North. On the national level, social pressure has resulted in political action and has contributed to the formation of the Department of the Environment, the Clean Air Act, studies on mercury and phosphates, and motor vehicle emission standards. Federal government intervention causing the eventual cancellation of Imperial Oil's Lake Louise Village development was the result 12Ibid.. p. 36. I3k of social pressures from conservationists. International response to the social problems of the human environment has been formal and informal, sometimes based on rational argument and sometimes on emotional appeal. Agree ment on international environmental policy has been slow due to a lack of knowledge and disparate national goals. The needs of the developed nations vis-^i-vis environmental quality are not the needs of the developing nations, due to differing priorities. Although agreement on specific policy has been slow, the principles of the United Nations Conference on the Human Environment reflect an international social demand for the pre-13 servation of our ecosystem. Principle 5 reads as follows: J The non-renewable resources of the earth must be employed in such a way as to guard against the danger of their future exhaustion and to ensure that the benefits from such employment are shared by all man kind. Environmentally oriented groups such as the Friends of the Earth, the Greenpeace Foundation, the Environmental Forum, the Sierra Club and the Family of Man, are appealing to mankind on an international scale and, through wide media coverage, are getting their message to decision-makers at all levels. The co-alignment of society's needs and goals with the needs and goals of business is essential for survival. Pres sure groups, concerned citizens, and civic-minded individuals perform a necessary function by providing feedback to govern-x3U.S. Committee on Foreign Relations, "Report to the Senate on the United Nations Conference on the Human Environ ment," p. 16. 135 raent and industry, and by assisting in the formation of national and international social policy. 5.k Environmental Education The need for instituting a nation-wide environmental education program at the elementary school level is vital to Canada's future. If we hope to understand and protect the com plex human environment, we must learn the facts about it. This is forcefully brought out by John H. Shaffer with respect to aircraft noise. He states: In the long run, the solution to the noise problem will probably be partly technical, partly procedural, and partly environmental—... In noise, as in so many of aviation's problems, greater public under standing is not only necessary, but may actually be half the solution we're seeking. Our educational system has failed to provide public understand ing and a sound basis for evaluating environmental issues. Present and future leaders need factual information to make 15* rational decisions. J On an international scale, Caldwell comments on this problem:-^ Ik x John H. Shaffer, "Aviation's Hour for Action" in Air  Transportation—A Forward Look, ed. by K.M. Ruppenthal (Stan ford, Calif.: Standford University, 1970), p. 195 15T ^Canada has taken some steps in this direction, as evidenced by a two-week course to acquaint industry and govern ment leaders with the social, economic, and technical aspects of northern development. This course is jointly sponsored by industry and the Government of the Northwest Territories. 16 Lynton K. Caldwell, "An Ecological Approach to Inter national Development: Problems of Policy and Administration" in The Careless Technology-Ecology and International Develop ment, ed. by M. Taghi Farvar and John P. Milton (New York, N.Y.: Doubleday and Co. Inc., 1972), pp. 927-928, 9hl. 136 The pressure of people upon resources and living space is necessitating new attitudes and behavior patterns in the interest of human civilization and survival. The inculcation of these attitudes and behaviors will require new instruments of international education and new interpretations of the rights of nations. A body of doctrine is slowly emerging that could form a basis for international environmental policy and admin istration. The formulation of this policy and the establishment of feasible and effective institutions to administer it is one of the major tasks of national and international politics in our time. ... But the machinery of international negotiations moves slowly, and measures now in gestation may not be born in time to prevent ecological crises in one or more areas of the earth. Decisions based on insufficient information are high risk decisions. Environmental education emphasizing factual material is the answer to reducing risk and uncertainty in a complex world. The probability of national and international agreement on environmental issues is much higher if individual beliefs and attitudes are formed early in life and are based on complete information. 5.5 Summary The most complex, difficult, and time-consuming problems in the human environment are social problems. Just as with technical and economic problems there is a need for a more integrated macro-system approach to social problem-solving. Environmentalists make demands based on their narrow percep tion of human needs and wants, often depicting industry as dis passionate and unconcerned with public welfare. Industry, on the other hand, tries to make rational judgments on social matters with insufficient Information. Individuals fail to include the effects of transportation on the national economy 137 and world trade in their decision-making framework. These incomplete views are often thought of as conflict ing values rather than contributing values in an overall environmental management program. Social demands for a cleaner, quieter atmosphere cannot go unanswered and a reassessment of priorities is essential. Much of the difficulty manifested in diverse social atti tudes can be attributed to a lack of knowledge about our environment. A nationwide or even worldwide program of environ mental education would provide important factual information, enhance the possibility of communication between segments of society, and promote a de-polarization of beliefs and attitudes. The eventual goal, an integrated global environmental manage ment system, will take time to achieve, but an increase in environmental awareness can be achieved today. 138 CHAPTER VI THE ROLE OF BUSINESS An understanding of the problems of the human environ ment as new input to the decision-making process of both govern ment and business is required for survival in the future. A government that is not receptive to change, as perceived by the electorate, Is unlikely to remain in power. A business that is not receptive to change, as perceived by the market, is unlikely to survive in a competitive environment. A limited amount of change is possible through "organi zational slack" within the organization, however some struc tural change will be required to fit the organization (be it private enterprise or government) and its capabilities, to the task environment. The final product of such structural change is an efficient operating system with low uncertainty—an organization attuned to the environment in which it functions. 6.1 Pollution, a New Dimension for Business Just what effects will legitimate concern for pollution have on business operations and what is business doing to combat it? Oil spills, waste gases and effluents, noise, all have created a new dimension for business—the need to con sider in advance whether any of its activities will contribute 139 to pollution.1 Duncan McLeod describes this new dimension as follows:2 A year ago it was doubtful if complaints by conserva tionists about a new business project would have been deemed of sufficient importance to merit serious men tion by newspapers. But in the past few months news papers throughout the western world have devoted increased space to conservationists. Eminent scientists have joined them in questioning publicly the wisdom of a variety of such business projects as transporting Alaskan oil through the Arctic Ocean by supertankers; building the supersonic airliner; and manufacturing no-deposit, non-returnable bottles. It is interesting to note, for example, that the press coverage of the United Nations Conference on the Human Environment was greater than that of the 1972 Olympic Games in Munich.3 In general, business is more visible in its pollution than other institutions and thus more vulnerable to public criticism. It is easier to see the black or yellow smoke com ing from a factory smokestack or a jet engine than the wastes from thousands of home oil furnaces which actually may be pol luting the air to a greater extent. The small spills, fires, and exhaust streams similarly go unnoticed but contribute a major amount to the total pollution of the environment. It took a great amount of scientific research to identify auto mobile exhaust (aided by photo-chemical action from sunlight) as the primary source of Los Angeles' smog. Once identified, a major publicity campaign was necessary to convince people that Duncan McLeod, "Pollution: Its New Dimensions for Business," Canadian Business. March 1971, p. 33. 2Ibid. JKeenleyside, "The Stockholm Conference on the Environ ment: An Assessment." iko the extremely visible factories and refineries were not the major causes of smog. By 1969? with normal regulation, com bined industrial-residential-commercial sources caused only ten percent of air pollution in Los Angeles County; the remaining LL ninety percent came from motor vehicles. The various pressures on the business managers are increased with the added dimension of pollution; Figure 6.1 diagrammatically illustrates this point. FIGURE 6.1 PRESSURES ON A MANAGER CONCERNING AN AIR POLLUTION PROBLEM His OWA/ VALUES VAiMESCfZ, DECISION MADE o/?4sts WtftCrffe V*"0" SOCAL6ATOUP Source: Keith Davis and Robert L. Blomstrom, Business, Society, and Environment: Social Power and  Social Response (New York. N.Y.: McGraw-Hill ponse Inc., 1971?TP7-77. Besides dealing with groups having diverse goals and attitudes (such as labor unions, customers, members of the community, and k Louis J. Fuller, "As I See It," Forbes. December 15, 1969, P. 55. stockholders), the manager must balance conflicting values in the decision-making process. Walton identifies some of these occasionally conflicting values:7 1. Technical - based on physical facts, science and logic 2. Economic - based on market values determined by supply and demand 3. Social - based on group and institutional needs h. Psychological - based on personal needs of individ uals 5. Political - based on general welfare needs of the state 6. Aesthetic - based on beauty 7. Ethical - based on what is right 8. Spiritual - based on what God revealed Historically, the first two value systems, technical and economic, have dominated business decision-making and the political value system has dominated governmental decisions. Today's business and governmental decisions must recognize all of these value systems: Learned et al. state that, "... a business firm, as an organic entity meaningfully related to its environment, must be adaptive to demands for responsible behavior as for economic service." Acting responsibly thus be comes one of the shared goals of the corporation. The answer to pollution, a new dimension for business, is corporate responsibility. Clarence C. Walton, Ethos and the Executives: Value in  Managerial Decision Making (Englewood Cliffs, N.J.: Prentice-Hall Inc., 1969), p. 2h.Edward Spranger similarly classes all individuals as falling into one or another of: (1) Theoretical, (2) Economic, (3) Aesthetic, (h) Social, (5) Political or (6) Religious value orientations. See Learned et al.« Business  Policy, Text and Cases, p. 32k. Learned et al., Business Policy, Text and Cases, p. k87. Ih2 6.2 Technical Role—The Importance of Input Corporate responsibility in a technical sense must in clude active participation in the formation of realistic, attainable environmental standards. The role of business in the fight against noise and air pollution in the air industry is to provide input into an overall reasonable scheme of en vironmental management. Industry participation in joint pro grams with the government (such as the CIAP and REFAN projects) in such areas as engine testing, safety, and flight procedures, is vital if controls and regulations are to be effective and accepted. The operating airlines have the most experience and expertise necessary to assess the long run technical capabili ties of their fleets. Together with the aircraft manufacturers they can supply the best estimate of the impact of specific technical modifications and changes in operating procedures on the air industry. The formulation of standards should reflect this input and the responsible corporation should be willing to supply it. 6.3 Economic Role—The Profit Motive Peter Drucker emphasizes that the first duty of the corporation is to survive and that profit, not philanthropy, is the test of performance. He stresses that social responsi bilities could never justify actions contrary to the corpora tion's best interests, although he does concede that a corporation, "should be so organized as to fulfill automati-lk3 cally its social obligations in the very act of seeking its own best self-interest."7 Inherent in this socio-economic approach is the underlying assumption that elements of the human environ ment can be incorporated into the market system in an effective manner. Mr. Ronald Ritchie, vice-president and director of Imperial Oil, looks to a change in the rules of the market place to get "different results from the economic process" and o "desired new behavior from business enterprises." This type of change is required to make business and public interests coincide. Ritchie also outlines business enterprise's major demand on government—political decisions which modify the forces of the market place in such a way as to promote socially Q desirable environmental quality. He states:7 If we mean that merely to meet consumer demands as cheaply as possible is no longer enough, but that it must be done without the use of child labour, we need to say so in specific terms and make it apply generally (as we have done for many decades). If we wish to add to that in today's world, the air and the water and the soil must be kept to certain levels of purity or beauty or safety for human health, then we must not only establish the standards but we must devise rules, incentives, and penalties which allow all of those concerned, which indeed force them, to behave in ways, both as producers and as consumers, that are consistent with these goals. We cannot be content simply with pointing accusing fingers, pas sing moral judgments , and urging good behaviour without defining how it shall be known what good behaviour is. 7Peter F. Drucker, The Practice of Management quoted in Morrell Heald, The Social Responsibilities of Business (Cleve land, Ohio: The Press of Case Western Reserve University, 1970), p. 283. 8Ronald S. Ritchie, "The Corporation in the World-To-Be" (Industrial Relations Management Association paper, Harrison Hot Springs, B.C., February 19, 197D, p. 10. 9Ibid.. p. 11 Businessmen feel that the real key to bringing corporate re sources to bear in social problems is the profit motive.10 Few, if any, corporations can afford to channel large portions of their resources toward solving social and economic problems without being paid for their involvment. 6.h Social Role—Social Responsibility and Business In comparison with the classical economic theory model of perfect competition and a free market, business organizations are frequently very powerful and operate in a mixed economy. The degree to which these corporations are socially "respon sible" depends upon the definition of social responsibility. Davis and Blomstrom define social responsibility to be, "... a person's obligation to evaluate in the decision-making process the effects of both his personal and institutional decisions and actions on the whole social system."11 They clarify this 12 further in terms of interests as follows: Businessmen apply social responsibility when they con sider the needs and interests of others who may be affected by business actions. In so doing, they look beyond their own personal interests and also beyond their firm's narrow economic and technical interests. Although social responsibility recognizes the needs of other groups and individuals it does not imply internalization of 10Keith Davis and Robert L. Blomstrom, Business,  Society, and Environment: Social Power and Social Response (New York, N.Y.: McGraw-Hill Inc., 1971), p. 178. i:LIbid., p. 85. 12Ibid., p. 86. i*+5 these needs. For example, Richard Eells states:13 The social responsibilities of a corporation do not demand responses to all public expectations. The public may demand too much. Its desires may be transitory ... The social responsibilities of a corporation, therefore, cannot be defined in terms of merely passive adaptation to the public demands on business. An example of this from the air transportation industry is the demand that airlines immediately install retrofit kits to lessen noise levels. This may be worth considering by the air lines, but is definitely not a criterion of corporate social responsibility. The true test of social responsibility is whether issues of public interest are considered at the time a decision is made. Careful consideration of key issues rather than adoption of an inflexible point-of-view should be the social role of business. 6.5 Social Role—Voluntary Action Hundreds of millions of dollars are being spent annually in North America as voluntary business action to prevent and eliminate pollution. Business is starting to internalize en vironmental costs and recognize pollution control as one more cost of doing business in a particular environment. The term "voluntary" is a little misleading because, "it can be argued quite properly that ... business is responding to countervail-ing pressures". The interesting facet of voluntary action is that it is based on the corporation's own perception of social responsibility. The late John F. Kennedy expressed the 13Richard Eells, The Corporation and the Arts (New York, N.Y.: The MacMillan Company, 1967), p. 175. Ibid., p.3k3. lU-6 view that, "In the last analysis, high ethical standards can be achieved only through voluntary effort. 7 From one point-of-view much of business action is voluntary. Even when regula tions exist there can be a considerable difference between the spirit of the law and the letter of the law. An improvement of the market system to reflect social reality would not preclude voluntary action, it would only reconfirm its purpose. 6.6 Competition and Regulation Air transportation provides a unique mix of competition 16 and regulation. Transportation is a public utility. It does have a public purpose and does serve the general public. The results of this public responsibility and accountability is seen in policy formation within the industry. John Allen, Jr. suggests that:17 Objective, explicit policy standards are especially appropriate in those areas in which the public is immediately affected. This is especially true in those great industries affected with a public interest. Of the industries, transportation is perhaps the largest. Transportation is regulated today, in fact very strictly, in the name of public interest... Because the industry is so closely connected with the public interest, industry policy-making may be considered in much the same way as in public policy. 'John F. Kennedy, "A Statement on Business Ethics and a Call to Action" (Statement at a meeting of the Business Ethics Advisory Council, January 16, 1962), U.S. Department of Commerce, 1963? p. 9. X^A.P. Heiner, "The Transport Revolution and Regulation," in Revolution in Transportation, ed. by K.M. Ruppenthal (Stan ford, Calif.: Stanford University, I960), p. 115. 17John J. Allen, Jr., "Transportation Planning in the Decade Ahead," in Challenge to Transportation, ed. by K.M. Ruppenthal (Stanford, Calif.: Stanford University, 1961), p. 2. Ruppenthal notes that, "From the very beginnings of commercial aviation, the federal government has played an important 1 8 role," but also that, "... the fact of the matter is that almost all government regulation has come about because the industry has asked for regulation."1^ The historical balance between restrictive public policy and public confidence in business is shown in Figure 6.2: FIGURE 6.2 HISTORICAL RELATIONSHIP BETWEEN PUBLIC CONFIDENCE IN BUSINESS AND GOVERNMENT RESTRICTIONS ON BUSINESS PVSL/C COt//T/0£*tC£ / Y Lovi \ /\ — • emsre/c7i\/E PUBLIC POLICY CIVIL OOO k/a#u> ce 1930s WA£JL Source: K. Davis and R.L. Blomstrom, Business. Society. and Environment: Social Power and Social Response (New York, N.Y.: McGraw-Hill Inc., 1971), p. 173. In air transportation specifically, Richmond sees this balance 20 as somewhat less predictable. He states: l8Karl M. Ruppenthal, Air Line Management (Stanford, Calif.: Stanford University, 1967), p. 6. 19Ibid.. p. 82 20 Samuel B. Richmond, Regulation and Competition in Air  Transportation (New York, N.Y.: Columbia University Press, 1961), pp. 256-257. IhQ The optimum blend of competition and regulation is a dynamic quantity. Its movement through the transition from reciprocating engine to jet to supersonic equipment as well as to short and vertical take-off equipment with its repercussions on alternative modes of surface travel cannot be predicted. However it is hoped that the Civil Aeronautics Board ... will as a general policy and when ever feasible, act to preserve and strengthen rather than weaken competition in the air transportation industry. Self-regulation has taken place through the International Air Transportation Association (LATA) which, "... is concerned with governmental policies that affect aviation and with many 21 economic matters that affect the health of the industry. The pp most distinctive work of IATA is as follows: 1. Interline agreements: standardisation of forms, pro cedures, landing agreements, and other factors, making possible the quick and easy exchange of traf fic between airlines. 2. The negotiation of international tariffs and rates. 3. The provision of a clearing house for the settlement of airlines' accounts with each other. The International Civil Aviation Organization (ICAO), on the other hand, is an arm of the various national governments and establishes international standards of navigation, etc. The role of IATA vis-a-vis social responsibility will become important if environmental quality is internalized into the costs of operating an airline or if the market is improved to reflect environmental goods as scarce resources. The role of ICAO is presently an active one in establishing international policy on air transportation and the human environment. Ruppenthal, Air Line Management, p. 19. 22 W.S. Barry, Airline Management (London: George Allen and Unwin Ltd., 1965), p. 77. Ik9 Through self-regulation the airlines can have a considerable input into the formation of international standards rather than adjusting to rules established by groups functioning outside the industry. One normally thinks of competition and regulation as being mutually exclusive, with each serving a separate purpose in society. Samuel Richmond disagrees, in the case of air transportation, providing insight into the difficulty of defin ing a unique role of business. He states:23 It is clear that both competition and direct regulation can, in the appropriate circumstances, be substituted one for the other, as mechanisms for seeking to serve the public good in the economic phases of the air transportation industry. Whether or not competition and direct regulation are equally effective in dealing with the non-economic problems of the human environment depends, to a great extent, on the relative ability of industry and government to perceive the needs and values of the public. The pressure of the human environment will likely alter the optimum balance between direct regula tion and competition; however, the basic goals of business and government will remain the same, 6.7 Summary The role of the airlines in the existing legislative framework is narrowly defined. In the past much of the air industry decision-making has been dominated by only technical and economic considerations. In order to meet the challenge 23 -'Richmond, Regulations and Competition in Air Trans portation, p. 256. of the human environment, the airlines have had to expand and redefine their role to accommodate public duties in addition to providing efficient transportation service. These public duties include cooperation with the government in technical areas to provide industry input to the formulation of stand ards and realistic legislation. With the impact of pollution and concern over the human environment, a new dimension for business has been added. In the past, government regulation and intervention has been either at the request of industry or restricted to ensuring that the air transportation needs of the general public were adequately served. Presently, business is demanding political decisions which will modify the forces of the market place to make it reflect other social demands. The balance between competition and regulation in air transportation has also been effected by environmental issues and will likely vary as a function of government and business ability to perceive social needs and expectations. The emphasis on increased corporate social responsi bility has been met with voluntary action by many; however, the profit motive remains the underlying incentive for business. The existing market and legislative structures must be revised to reflect this fact. Recognition of the social needs and goals of society through a revised structure will permit the co-alignment of business and government purpose necessary to deal with the human environment. 151 CHAPTER VII THE ROLE OF GOVERNMENT 7.1 Environmental Control and Levels of Government There appears to be a general feeling among the business community that, "the proper role of government is rule maker and referee, and that it should not, at the same time, attempt also to be a player".1 According to Peter Drucker, the proper role of government is to formulate social objectives so that they can become opportunities for other institutions to serve society. The chairman of the board of one company commented,J "Government must lead. But it cannot be the sole problem solver. Its role is to define problems, articulate desired results, organize, directly and indirectly, the whole potential of the society, in a coordinated effort to remake the society and save it from destroying itself." This general feeling to ward the role of government is not without merit, but it does neglect the fact that government must be a player if it is to represent the public sector in a responsible manner. If the government assumes a passive role, in which political expedi te ith Davis and Robert L. Blomstrom, Business. Society,  and Environment: Social Power and Social Response (New York, N.Y.: McGraw-Hill Inc., 197V 9 P. 177. p Peter F. Drucker, The Age of Discontinuity: Guide-lines  to Our Changing Society (New York, N.Y.: Harper and Row Inc., 1968), pp. 22 5, 2k2. o. JIrwin Miller, "Business Has a War to Win," Harvard  Business Review. March-April 1969, p. 8. 152 ency outweighs sound environmental quality management, the Li. public is not well served. Stanley Stein outlines the present cr role of government as follows:' In more recent years, there has been a mounting wave of public concern for both the ecological and aesthetic impacts of man's activities on his environment. Govern ments have responded by assuming an array of postures. ... But even where government activity does exist, it is often fragmented and uncoordinated, reflecting the absence of a comprehensive approach to environmental quality management. The reason for this fragmented approach is the governmental structure, as mentioned earlier in this thesis. Stein reviews this major barrier to a united and effective governmental role. He states: The general list of powers of the BNA Act makes clear the intention that local matters should be dealt with locally while national matters are dealt with nation ally. However, the net result is the absence of com prehensive jurisdiction at either level of government over all aspects of environmental management. There are several roles that government could adopt if these constitutional constraints were removed. At one extreme, considerations of environmental quality might be left entirely to private enterprise. At the other extreme, governmental intervention would approach central planning or licensing of virtually all activities. Stein suggests that,7 "The final Political expediency is demonstrated on the provincial level when authorities prefer to encourage technological in novation rather than risk offending industrial polluters through prosecution, if the latter is more socially desirable. 'Stanley B. Stein, "Environmental Control and Different Levels of Governments," Canadian Business Administration, lMl), Spring 1971, p. 129. 6Ibid., p. lk2. 7Ibid., p. 133. 153 range of government programs for environmental management requires varying degrees of direct government influence on the activities of private enterprise and individuals." With vary ing degrees of three levels of direct government influence this would prove rather difficult; however, Duprl suggests a "problem shed" concept of governmental jurisdiction which would be more direct. The "problem shed" concept, one of a number of sugges tions based on ecological or geographical zones, would redefine the role of government in terms of physical rather than political boundaries. In this concept public goods are only considered appropriately allocated or "packaged" if "... the boundaries of the unit of government providing that good are such that the externalities of the good are internalized to the o public served." According to this new framework, air pollu tion control, for example, could be provided with full effec tiveness only by a government agency whose territorial juris diction coincided with the area required to internalize the benefits of that control.9 This type of restructuring would eliminate cross-jurisdictional difficulties and contribute to a more responsive governmental role. The problems of the aviation industry are closely related to governmental structure and degree of regulation. o J.S. Duprl, "Intergovernmental Relations and the Metro politan Area" in Politics and Government in Urban Canada, ed. by L.D. Feldman and M.D. Goldrick (Toronto, Ont.: Methuen Publications, 1969), PP. l83-l8L. 9Ibid. 19+ Oscar Bakke has said that probably the most difficult problem the aviation industry faces in the next decade is the structure of government in a federal/state/local sense.10 Cerchione et al. state that,11 "Aviation, more than any other form of trans portation, has the clearest opportunity to eliminate completely its environmental problems, but only if it deals with its shortcomings forthrightly." The major problem for the air transportation industry is that its shortcomings may be inherent in the role of government rather than present within its own organizational boundaries. 7.2 Technical Role—Planning The role of government in a technical sense involves planning. Enactment of legislation to remove jurisdictional problems would assist in the establishment of regional planning groups. Implementation of policy will require technical knowl-12 edge. Figure 7.1 shows some of the existing interrelation ships between planning and design processes and air pollution problems. Additional elements of an overall management pro gram, not shown in Figure 7.1, include air quality monitoring, Francis Keppel, "Human Resources and the Transporta tion Industry" in Master Planning the Aviation Environment, ed. by A.J. Cerchione, V.E. Rothe and J. Verceliino (Tucson, Arizona: University of Arizona Press, 1970), p. 20. 11Angelo J. Cerchione, Victor E. Rothe and James Verceliino, editors, Master Planning the Aviation Environment (T ucson, Arizona: University of Arizona Press, 1970), p"! iii. 12 Edward Wells, "Aircraft Design, Goals and Problems," in Air Transportation—A Forward Look, ed. by K.M. Ruppenthal (Stanford, Calif.: Stanford University, 1970), p. 11M-. 155 FIGURE 7.1 FOCUSING URBAN/REGIONAL PLANNING AND AIR RESOURCE MANAGEMENT ON AIR POLLUTION PROBLEMS URBAN & REGIONAL PLANNING AIR RESOURCE MANAGEMENT 6Mt9&u>NS AIR POLLUTION PROBLEMS (toutttAPT T«A*J$Pte«T DATA AM&16HT Ate Atf. Ut£ PbAj4 POSUC POUCY Source: Edwin W. Hauser, Leonard B. West, Jr., and A. Richard Schleicher, "Fundamental Air Pollution Consideration for Urban and Transportation Planners," Traffic Quarterly. January 1972, p. 77. estimates of future conditions, information and education pro grams, and technical field services. This type of overall planning and management role for government can be equally well applied to noise pollution problems. Hauser, West, and Schleicher stress the importance of an "outline of current technology in air resource manage me nl^ as the basis for dis cussion of air pollution problems. The type of approach to planning and management illustrated in Figure 7.1 is typical •^Edwin W. Hauser, Leonard B. West, Jr., and A. Richard Schleicher, "Fundamental Air Pollution Considerations for Urban and Transportation Planners," Traffic Quarterly, January 1972, p. 77. 156 of the various urban and regional planning districts in Canada (e.g. the Greater Vancouver Regional District) and the air resource management of the Department of the Environment. Whereas this approach has the benefits of "local knowledge" It suffers from jurisdictional difficulties and poor communication. The economies of scale of a more integrated approach are apparent in airport planning, for example, where the knowledge gained in one area can be used in another. Figure 7»2 re arranges the components of Figure 7.1 to present a more integrated approach to air pollution problems. The technical role of government, particularly in the data collection phase, underlies the successful formulation and implementation of en vironmental policy. Specific recommendations on the technical role of the Canadian government with respect to environmental quality and the air industry would include the following: 1. Through research grants and liaison with industry establish a sound technical basis for a Noise Control Act of 1973 and air pollution standards for new types of air transportation. 2. Increase involvement with the community to determine the technical feasibility of STOL/VTOL aircraft, as part of a long-range evaluation program. 3. Participate actively in areas such as compatible land use near airports, two-segment landing and reduced thrust take-off procedures for aircraft, and applica tion of state-of-the-art technology for noise and air pollution abatement associated with jet engines. FIGURE 7.2 AN INTEGRATED APPROACH TO AIR POLLUTION PROBLEMS PHASE I - DATA COLLECTION PHASE II - FORMULATION PHASE III - IMPLEMENTATION PUBLIC POLICY P£SP\aNS£ & suppoer £N$/NeeA?/NG &4ISS/OA/S /NV£Mro*lY TXANSPOAfT GATA LoN$-gAN6E PLANNING POLICY PLAMlNQ AMBlCNT AtP QUALITY 6OALS loN6-PAN6£ Al* VS£ PLANS PLANNING EIHJCA T/ON *HottT-#AN6£ PSMGPfAL. MeAsuees 158 k. Continue efforts along the lines of EZAIM (Ecology of the new Montreal International Airport area) to gather technical input to long-range planning. 5. Increased involvement internationally in data collection and studies of long-term environmental effects of air traffic to insure that international standards reflect environmental reality rather than political power. 6. The institution of a nationwide environmental education program based on technical facts. 7.3 Economic Role—Internalizing Externalities The most important contribution the government could make to sound environmental quality management would be the establish ment of governmental policy directed toward an environmentally sophisticated, responsive market system that would simultane ously, and by definition, serve the diverse needs and goals of business and society. The accomplishment of such a goal would require compensating government action, "to internalize the costs of environmental deterioration." In Chapter VI Mr. Ronald Ritchie of Imperial Oil stressed the importance of "rules, incentives, and penalties" which will force producers and consumers to behave in ways that are consistent with en-vironmental goals. J These rules and incentives need not imply a command economy approach; in fact they can be applied Irving K. Fox, "Policy Problems in the Field of Water Resources" in Water Research, ed. by A.V. Kneese and Stephen C. Smith (Baltimore, Md.: Johns Hopkins Press, 1966), p. 280. •^Ronald S. Ritchie, "The Corporation in the World-To-Be" (Industrial Relations Management Association paper, Harrison Hot Springs, B.C., February 19, 197D, P. 11. 159 to the existing market system. By recognizing the failings of the market system vis-a-vis environmental goods, and working towards a solution based on internal change, the government can exert pressure to upgrade the system rather than abandoning it. Policies such as the issuance of pollution rights or other pricing schemes for environmental factors1^ are not without their problems, but they do indicate a direction for govern ment action. Leonard Waverman reviews government's role as follows:17 The federal and provincial governments have introduced a multitude of fiscal policies—fines, subsidies, loans and tax incentives—to induce firms and individ uals to limit their pollution. Economists consider such instruments to be both less effective and more costly than a system of prices for environmental factors. The federal government, appearing to heed economists' advice, incorporated into the Canada Water Act an effluent charge system—which was loudly con demned by provincial governments and many civic anti pollution groups as a scheme of "licences to pollute". In this regard, "licences to pollute" remain, whether explic itly recognized through an effluent charge system or tacitly recognized by allowing business and industry to operate equip-Much academic literature has discussed the benefits of instituting a pricing scheme for the environmental factors. See for example J.H. Dales, Pollution. Property and Prices (Toronto, Ont.: University of Toronto Press, 1968); A.V. Kneese and B.T. Bower, Managing Water Quality: Economics,  Technology, Institutions (Baltimore, Md.:Johns Hopkins Press, 1968); and L. Waverman, "Pollution: A Problem in Economics" in Canadian Economic Problems and Policies, ed. by L.H. Officer and L.B. Smith (Toronto, Ont.: McGraw-Hill of Canada Ltd., 1970). 17Leonard Waverman, "Fiscal Instruments and Pollution: An Evaluation of Canadian Legislation," Canadian Tax Journal. Vol. XVIII, No. 6, November-December 1970, p. 505. 160 ment that contributes to pollution. The establishment of real istic effluent charges has two major advantages over tax -i o incentives. They are direct and they are a positive step toward internalizing externalities. 7*k Economic Role—Degree of Regulation In Chapter VI the subject of regulation was discussed from the point-of-view of business. A balance between regula tion and competition was stressed as the best way of dealing with the human environment. A realistic view of the process of governmental control in the public interest is given by Bernstein, who states:19 The public interest is served best when regulation is conceived as a vital element in the comprehensive rela tionship between government and economy. It is served worst when regulation is treated as a phenomenon which is separable from the context of society and therefore unrelated to general notions about the proper relations between government and economic life. The attitude toward regulation, as Bernstein points out, reflects the degree to which it is accepted and the degree to which it is effective. -] o The limitations of tax schemes are discussed by a number of economists. See for example: F.T. Dolbear, Jr., "On the Theory of Optimum Externality," American Economic  Review. Vol. LVII, No. 1, March 1967, PP. 90-103; and Paul R. McDaniel and Alan S. Kaplinsky, "The Use of the Federal Income Tax System to Combat Air and Water Pollution: A Case Study in Tax Expenditures," in Environmental Affairs— 1971 (Brighton, Mass.: Boston College Law School, 1971), p. 29. The benefits of a national pollution tax are dis cussed by Norman F. Ramsey, "We Need a Pollution Taxi," Science and Public Affairs. Vol. XXVI, No. k, April 1970, PP. 3-5. 19Marver H. Bernstein, Regulating Business bv Inde  pendent Commission (Princeton, N.J.: Princeton University Press, 1966), p. 281. Some indication of the role of government vis-a-vis degree of regulation is provided by a Fortune magazine survey conducted in 1970. In this survey 270 chief executives of companies listed in Fortune1 s top 500 U.S. companies were inter viewed on various aspects of the environment problem as it affected them as business leaders. The answers to the question "Would you like to see federal government step up its regula tory activities, maintain them at present levels or cut them back?", were 57$ for "step up", 29$ for "maintain", and 8$ for "cut back". In the transportation sector there was a greater percentage in favor of "cut back" due to present regulation; however, the survey is interesting as a guide. In Canada, one would estimate that the general trend would be quite similar, and that airline companies would seek regulation to provide consistent standards concerning allowable air and noise pollu tion levels. 7.5 Social Role—Planning and Education In Chapter II, I referred to Yannacone's "fundamental statements of fact", which were: 20 R.S. Diamond, "The Environment—What Business Thinks About Its," Fortune. 1970, pp. 55-60. 21M. Ways, "The Environment—How to Think About the Environment," Fortune. 1970, p. 211. 22 Victor J. Yannacone, Jr., "Aviation and the Law" in Master Planning the Aviation Environment (Tucson, Arizona: University of Arizona Press, 1970). 162 The air traveler is entitled—as a matter of absolute right—to the safest possible flight which the state-of-the-art in modern aviation technology is capable of providing. The homeowner and the man on the street are entitled to protection from the hazards of aircraft operations. One of government's roles is to meet the conflicting needs of society. In the case cited above, Yannacone suggests an "ecologically sophisticated, socially relevant, politically 23 feasible, legally supportable airport zoning law." J The comprehensive plan is the essence of zoning. As soon as one thinks of zoning, one naturally thinks of the social needs of the people living, or to be living, in a particular area. Un like most pollution abatement policies such as taxation and effluent charges, zoning is specific to location. A general overall view is not acceptable; consideration of specific areas, situations, and people is necessary as input to noise zoning laws. Although zoning is not the complete answer to airport planning it does point out the role of government as a planner. One of the most recent examples of poor planning was the federal handling of the proposed runway expansion at Vancouver International Airport. Mr. Alex Fisher, expropriation officer at the Sea Island hearings under the federal Expropriation Act summarized the complaints voiced by the objectors who attended 2k the hearing. They included: 23Ibid. 2k-Bill Bachop, "The Government hasn't done its homework: Why Ottawa has shunned airport hearing," The Vancouver Sun. February 15, 1973, P. 6. 163 1. The government's failure to appear at the hearing. 2. A lack of communication. Nothing of consequence was supplied by the government as to its plans until three days before the hearings began. 3. Failure of the government to present long-term plans or studies relating to the physical, sociological or en vironmental effects of the expansion. k. Piece-meal acquisition of property and a failure to maintain acquired properties, leading to a breakdown of community values. There appears to be justification for all of these objections. On the other hand, the federal government's planning efforts at Ste. Scholastique have been excellent. It appears that a social role for government is to give equal and responsible treatment to all projects under its jurisdiction. Finally, one of the most important social roles for government is in the field of environmental education. Although some sectors of industry have provided television pro grams and other mass media exposure to the problems of the en vironmental planning, a more integrated approach is required. As mentioned earlier, present and future leaders in government and industry need environmental facts to make decisions. Society, in general, needs these facts to understand the reasons why certain policies are adopted. Education underlies the entire problem of understanding the human environment and is the most critical factor in planning for the future. I6h 7.6 Summary A structural reworking of the legislative framework in Canada is long overdue. Due in part to the limitations of jurisdiction imposed by the outdated British North America Act, the role of government in the problems of the human environment has been extremely weak. In addition to structural change, the role of government could be vastly improved through an overall environmental management program. A structure based on physical rather than political boundaries is suggested, with technical involvement in areas of research, community planning, environmental education and international environmental pro grams. The new role of government should also include a system atic plan for internalizing externalities associated with noise and air pollution, and an emphasis on ecologically sophisti cated zoning near airports. Environmental education is the key to the future and the government must dominate this field. The task of meeting the demands of the human environment necessitates strong public policy and increased public responsibilities of government. 165 CHAPTER VIII CONCLUSIONS 8.1 Linkages, Feedback, and the Human Environment The relationship between air transportation and the human environment can best be described as a complex system. Thomas W. Thompson et al. suggest that, "The basic cause of the environmental problems facing society today is a lack of appre ciation and understanding of the linkages existing between the physical and the social environments."''' In their excellent article, "Biophysical Environment and Human Behavior: Link ages and Feedback Systems", they show a progression from an "unrestrained market" model (Figure 8.1), to an "agency control" model (Figure 8.2), to an "economics versus environment" model (Figure 8.3), and finally to an "integrated" model (Figure 8.h). In terms of progress we are somewhere between the "agency control" model (with great power in the hands of regulatory agencies) and the "economics versus environment" model (which entails balancing the value of economic activity against environmental quality). Thompson et al. indicate the "'"Thomas W. Thompson, Allen E. Bedrosian, James E. Berry, and James W. Kolka, "Biophysical Environment and Human Behavior: Linkages and Feedback Systems," in Environmental  Quality and Social Responsibility, ed. by R.S. Khare, J.W. Kolka, and C.A. Pollis (Green Bay, Wise.: University of Wisconsin, 1972), pp. 53-9+. 2Ibid., pp. 53-57. FIGURE 8.1 THE "UNRESTRAINED MARKET" APPROACH 166 wtoee GOOOS * services -VM6« Fewee 6000s * FIGURE 8.2 THE "AGENCY CONTROL" APPROACH LE6AL OIAN66 QUAurY AGency * | 0IOLO6t\ N ' -4cr/t<4/-y Source: T.W. Thompson, A.E. Bedrosian, J.E. Berry and J.W. Kolka, "Biophysical Environment and Human Behavior: Linkages and Feedback Systems," in Environmental  Quality and Social Responsibility, ed. by R.S. Khare, J.W. Kolka, and C.A. Pollis (Green Bay, Wise: University of Wisconsin, 1972),pp.51"-, 55. 167 FIGURE 8.3 THE "ECONOMICS VERSUS ENVIRONMENT" APPROACH FIGURE 8.k AN "INTEGRATED" APPROACH Source: T.W. Thompson, A.E. Bedrosian, J.E. Berry and J.W. Kolka, "Biophysical Environment and Human Behavior: Linkages and Feedback Systems," in Environmental  Quality and Social Responsibility, ed. by R.S. Khare, J.W. Kolka, and C.A. Pollis (Green Bay, Wise.: University of Wisconsin, 1972), pp. 56, 57. 168 major drawbacks of the "economics versus environment" approach as follows:3 1. The model ... puts economic well-being against en vironmental quality. The model fails to recognize that negative linkages exist between long-range economic health and deteriorating environmental quality. 2. It fails to internalize many crucial economic dis services and external costs which tend to appear after the elapse of time, or at locations remote from the origin of the environmental insult. 3. The model ... regards political and legal factors as rigid constraints rather than integral, highly mutable parts of a unified system, itself regulated by environmental constraints. k. The model views the decision as being a yes-no type ... By failing to take into account the infinite variety of management alternatives that exist respecting the use of a given resource, the model, while it allows society to react to situations, fails to provide the tools necessary for planning the future. The proposal which Thompson et al. make, shown in Figure 8.H-, i is a model which recognizes that, "relationships ... can and do exist between the natural environment, economic activity and legal/political forces." The "integrated" model differs from the other models shown in Figures 8.1, 8,2, and 8.3 in the following respects: 1. Legal and political forces are integral parts of a total system. 2. The model insists that economic externalities and dis services can be measured and that environmental degra dation can be defined in concrete terms rather than on the vague basis of aesthetics. Ibid., p. 56. Ibid. 169 3. By integrating the efforts of economics, legal/political and bio-physical/chemical investigators, the model pro duces a variety of management alternatives rather than a single yes-no decision. The interactions shown in Thompson et al.'s "integrated" model are complex and even more variables are likely to be added in the future; however, their conclusion is sound. They conclude that, "Without a model which considers the relationships and feedback loops ... defined, it will be impossible to ask the questions necessary to the formulation of meaningful management strategies based on sound and complete predictive information." In Chapter I, I outlined a conceptual framework for analysis and stressed the importance of a "macro" or social system approach to air transportation and the human environ ment. In some areas we have progressed toward this goal, and have incorporated some of the feedback loops suggested by Thompson et al. into our approach to environmental management and planning. In other areas we are unquestionably slow. The solution to the problem of accommodating the human environment in our decision-making process, either business or government, is the ability to move away from the narrow institutional framework and question basic premises rather than accepting them as limitations or controls. 8.2 Recommendations for Future Action The following recommendations are intended as guide lines for future industry and government action. They sum marize the major points made in this thesis: 1. A social system approach, which recognizes interactions and feedback in the social, economic, and political environment, is required for an understanding of air transportation and the human environment. 2. A revised and effective legal structure consistent with the state of technology in 1973. This would include: (a) A 1973 Noise Control Act. (b) Revision of the British North America Act. (c) Structural changes in environmental jurisdiction based on ecological, rather than political, boundaries. (d) The Federal Government "carrying the ball" on environmental issues. 3. Increased efforts on an international level concerning environmental quality, including a leading role in international pollution legislation. h. Government/industry cooperation in the formation of reasonable standards and in technical programs. 5. Increased research grants for environmental studies on compatible land use, inner space technology, and environmental monitoring. 6. Increased governmental spending on pollution abatement to realize the benefits of better national health. 7. A revised market system which would internalize pollu tion costs and recognize environmental goods as scarce resources. 8. A program of environmentale ducation at the elementary school level to increase environmental awareness and understanding. 9. Structural change to fit the organization and its capabilities to the task environment. Specific recog nition of the human environment as a variable in de c is ion-making. 10. Broader public duties for industry. Cooperation with government in the formation of non-technical standards and legislation. 11. A federally coordinated environmental management program that fits its structure to the task, is responsive to the human environment, and is responsible to society. 8.3 Closing Remarks The answer as to whether or not air transportation and the human environment can co-exist in the future is based on man's ingenuity and ability to adapt. Resolution of the environmental issues of the sonic boom and inadvertent climate modification, in particular, must precede large-scale commer cial SST traffic. The level of technology exhibited in man's conquest of the Moon indicates that properly channeled effort, within a closed system rather than an open system, could solve air transportation's technical problems. The social problems, which involve integration of the needs of various groups into a common direction, are the most difficult but are not insur mountable. The economic problems can be solved provided that the market system can be adapted to reflect the true value of environmental goods. The air transportation industry can be compatible with the limitations of the human environment; however, only through considerable efforts by business, industry, and the public. The problem is similar to other social problems such as training disadvantaged workers, assisting community economic development projects, and solving issues of poverty and racial inequality. These are not easy problems to solve; they are all people problems, but they do have solutions. The future of Air Transportation and the Human Environ ment is in your hands - "TUUM EST". BIBLIOGRAPHY 173 A. Books Air Transport Association of America. Economics of Air Trans  port: An Overview. Washington, D.C.: Air Transport Association of America, 1971. Major U.S. Airlines, Economic Review and Financial. Outlook 1969-1973. Washington, D.C.: Air Transport Association of America, 1969. 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"The Fundamental Air Pollution Considerations for Urban and Transportation Planners." Traffic  Quarterly, January, 1972, pp. 71-8k. Howes, Helen C. "Pollution: Careful Plans and Firm Action." Canadian Business. April, 1971, PP. 30-36,55. Levasseur, Pierre J. "Aviation and the Human Environment, Land-Use Planning Protects Airport and Community." ICAO Bulletin. April, 1972. McLeod, Duncan. "Pollution: Its New Dimensions for Business." Canadian Business. March, 1971, pp. 32-36. Miller, Irwin. "Business Has a War to Win." Harvard Business  Review, March-April, 1969, p. 8. Sinclair, Sonja. "The New Economics of Pollution." Canadian  Business. November, 1971. 185 Sutton, Horace. "Is the SST Really Necessary?" Saturday  Review, August 15, 1970. Towler, John and Nonken, Harold. "Education for Survival." Environmental Quality, February, 1973, pp. 36-38,7k. Ways, M. "The Environment—How to Think About the Environ ment." Fortune, 1970, pp. 195-220. F. Newspapers Bachop, Bill. "Noise No Problem, Airport Foes Told." Vancouver Sun. February 13, 1973. "The Government Hasn't Done Its Homework: Why Ottawa Has Shunned Airport Hearing." Vancouver SunT February 15, 1973. Bird, David. "Rickles Asks Noise Limits to Ban Jets from City." New York Times. December 30, 1970. Clark, Evert. "Noise Called Bar to New Airports." New York  Times. October 5, 1967. Committee of Concerned Citizens. "Save Your Environment." Vancouver, B.C., February 5, 1973 (Mimeographed). Fainsworth, Clyde H. "Conference on Sonic Boom Told Noise Can't Be Designed Away." New York Times. February k, 1970. Farnsworth, "O.E.C.D. Will Set Pollution Limits." New York  Times, February 19, 1970. Lindsey, Robert. "FAA Acts to Cut Noise of Jetliners." New  York Times. November 13, 1969. Vancouver Sun. "Airport Goof Disclosed." January 16, 1973. . "Clean Air Bill Challenged as Anti-Pollution Weapon." February 20, 1971. . "Surrey Blames Public, Few Anti-Noise Laws Found." March 6, 1973. 186 G. Lectures and Papers Beare, John B. "Investment Policies and Economic Stabilization Policies: A Case Study of Transport.*" Paper presented at the University of Toronto, York University Joint Program in Transportation, Toronto, 1969. Diamant, E.S. "Earth Transportation Macro Systems." One lecture in a series on Macro Systems, Analysis  and Synthesis of Complex Systems, presented at the University of California Extension, San Francisco, California, Fall 1968. Hansen, John and Stussi, Robert. "Noise and the Urban Environ ment ." An Occasional Student Paper. The Center for Trans portation Studies, University of British Columbia, Vancouver, B.C., 1972. Keenleyside, Hugh. "The Stockholm Conference on the Environ ment: An Assessment." One in a series of Westwater lectures presented at the University of British Columbia, Vancouver, B.C., January 26, 1973. Levien, Roger E. "The Economic Side of Systems." One lecture in a series on Macro Systems, Analvsig  and Synthesis of Complex Systems, presented at the University of California Extension, San Francisco, California, Fall 1968. Ritchie, Ronald S. "The Corporation in the World-To-Be." Paper presented to the Industrial Relations Manage ment Association, Harrison Hot Springs, B.C., February 19, 1971. Ruppenthal, Karl M. "Problems of Aircraft Noise and Exhaust." Faculty of Commerce and Business Administration, University of British Columbia, Vancouver, B.C., 1972 (Mimeographed). 


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