English High Court permits Air Transport Association legal challenge to EU emissions trading scheme

The High Court will shortly refer the case to the European Court of Justice (ECJ) in Luxembourg for a ruling on the validity of the EU law.

"The High Court decision to refer this case to the European Court of Justice is an important step, as only the ECJ has the authority to rule on the Europe-wide directive that applies the European Emissions Trading Scheme to our airlines. The unilateral extension of the EU ETS to international aviation is contrary to international law both as an extraterritorial action and an improper tax or charge. It also clearly stands in the way of an appropriate and effective global solution," said ATA Vice President, Environmental Affairs, Nancy Young.

ATA is challenging the EU directive extending the existing emissions trading scheme (ETS) to airlines from around the world engaged in international aviation activities.

ATA and its member airlines are committed to reducing greenhouse gas emissions from aviation. ATA's view is that the unilateral approach taken under the EU ETS not only violates critical international law principles, but also imposes costly policies on international aviation that siphon away from the airlines the very funds they need to continue to improve their strong record of continuous environmental improvement. ATA and its members have joined other airlines around the world in supporting a global framework for greenhouse gas measures under the International Civil Aviation Organization (ICAO), the United Nations body charged with establishing environmental and other standards for international aviation.

"The legal case is important as a means of addressing what is wrong with the European scheme, but also as an opportunity for us to continue to pursue an approach that is appropriate for this global industry. The U.S. airline industry has adopted a set of measures and targets as part of the worldwide aviation industry commitment to a global framework on aviation emissions," Young said. "Through this commitment, the U.S. airlines alone will save more than 16 billion metric tons of greenhouse gas emissions through 2050 on top of substantial savings already achieved."

For more on the ATA climate change commitment, see www.airlines.org/Environment/ClimateChange/Pages/21stCenturyAviation-ACommitmenttoTechnology,EnergyandClimateSolutions.aspx

The case is R (on the application of the Air Transport Association of America, Inc. and Others) v. Secretary of State for Energy and Climate Change. ATA brought the case on behalf of all of its members; American Airlines, Inc., Continental Airlines, Inc. and United Air Lines, Inc. also are participating directly as they have been designated by the European Commission as falling under UK jurisdiction.

The U.S. commercial aviation industry improved fuel efficiency by approximately 110 percent between 1978 and 2008, resulting in 2.7 billion metric tons of carbon dioxide (CO2) savings - roughly equivalent to taking more than 19.5 million cars off the road each year.