The U.S. and its allies in opposition to the European Union’s emissions trading scheme (ETS) are expected to step up political pressure on Europe after apparently failing to block the controversial cap-and-trade program on legal grounds. There seems no prospect of the standoff over the application of ETS to non-European aircraft operators being resolved before the scheme comes into full force from January 1, 2012.
On October 6, a provisional ruling from Juliane Kokott, advocate general of the European Court of Justice (ECJ), denied an appeal led by the U.S. Air Transport Association (ATA) against the imposition of ETS on air carriers from outside Europe. The case won’t be settled until the ECJ judges give a final ruling, but legal experts have told AIN there is next to no chance that the judges will overturn any aspect of the advocate general’s published opinion, which essentially rejected all legal arguments made by ATA and its members. A final ruling is unlikely to come until some time next year (see box).
More In Sustainability and Environment
