Isra-Mart srl: U.S. Airlines Dispute EU Emissions Program

The Air Transport Association (ATA) on Tuesday testified before the European Court of Justice and called for the European Union (EU) implementation of an Emissions Trading Scheme (ETS) to be dismissed and declared illegal.

ATA brought the action on behalf of all of its airline members, arguing that aviation greenhouse gas emissions should be regulated on a global basis and that unilateral action by any country or group of countries violates international law.

ATA said the ETS is a unilateral measure that has not been agreed to by countries outside the EU, "Yet, nevertheless applies EU law to third country carriers in third country airspace." As proposed, the ETS provisions would regulate an entire flight from across the U.S. to the EU, even though the flight would be in EU airspace for only a tiny fraction of the journey, ATA said.

As an example of its objections, ATA said that a flight that leaves from San Francisco enroute to London Heathrow would be under EU emissions rules from before the aircraft begins to taxi from the gate in San Francisco. "As a percentage of total emissions, 29 percent take place in U.S. airspace, including those on the ground at the airport," ATA said. "A further 37 percent take place in Canadian airspace, and a further 25 percent over the high seas. Only 9 percent of emissions take place in EU airspace. Yet the ETS will impose a levy on this carrier, and may also impose an excess emissions penalty, based on emissions for the entire flight from start to finish."