JURIST Supported by the University of Pittsburgh
PAPER CHASE NEWSBURSTDigest RSS feedFull RSS feed
Serious law. Primary sources. Global perspective.


Wednesday, December 21, 2011

Top EU court upholds airline pollution fines
Jaclyn Belczyk at 9:22 AM ET

Photo source or description
[JURIST] The European Court of Justice (ECJ) [official website] on Wednesday upheld [judgment text; press release, PDF] an EU law forcing foreign airlines using EU airports to pay fees for greenhouse gas emissions [JURIST news archive]. The finding that the carbon emission fees do not violate international law, as several US and Canadian airlines had argued, was expected after ECJ Advocate General Juliane Kokott issued an opinion to that effect [JURIST report] in October. The foreign airlines had filed for judicial review of EU Directive 2008/101/EC [text, PDF], which announced that airlines would have to comply with heightened emissions regulations while using EU airports beginning on January 1, 2012. The airlines argued that the directive violated the Chicago Convention on International Civil Aviation, the Kyoto Protocol and the Open Skies Agreement [text, PDF]. However, the ECJ ruled that the directive does not violate the international agreements, noting that the EU is not a party to the Chicago Convention.

The EU insisted that it will enforce its new cap-and-trade law despite strong opposition from the US [JURIST report]. The new legislation will eventually require all airlines, including those of non-EU countries, to pay for their carbon dioxide emissions in an effort to encourage airlines to use cleaner fuels and to economize fuel use. Those who do not comply would face steep fines. In October, the US House of Representatives [official website] voted to shield [press release] US passenger and cargo planes from compliance with the EU law. The House Transportation and Infrastructure Committee Chairman John Mica [official profile] has criticized the law, calling it "an arbitrary and unjust violation of international law that disadvantages US air carriers, threatens US aviation jobs, and could close down direct travel from many central and western US airports to Europe" and a violation of international law and trade agreements. The change in the emissions law would greatly impact large US carriers, costing them an estimated $3 billion by 2020.




Link |  | print | subscribe | RSS feeds | latest newscast | Facebook page

For more legal news check the Paper Chase Archive...


LATEST LEGAL NEWS

 Illinois Senate approves medical marijuana bill
12:47 PM ET, May 18

 Portugal expands adoption rights for same-sex couples
12:10 PM ET, May 18

 Colorado sheriffs challenge new gun control laws
11:08 AM ET, May 18

 click for more...

Get JURIST legal news delivered daily to your e-mail!

LATEST FORUM

In Alabama, "Back Door" Restrictions on Abortion and Roe
DOMESTIC
LaJuana Davis
Cumberland School of Law

ABOUT

Paper Chase is JURIST's real-time legal news service, powered by a team of 30 law student reporters and editors led by law professor Bernard Hibbitts at the University of Pittsburgh School of Law. As an educational service, Paper Chase is dedicated to presenting important legal news and materials rapidly, objectively and intelligibly in an accessible, ad-free format.

CONTACT

Paper Chase welcomes comments, tips and URLs from readers. E-mail us at JURIST@jurist.org