Tuesday, June 1, 2010

Challenge to EU ETS Proceeds

The Air Transport Association won a crucial victory last week when the English High Court ruled that it would refer the organization's challenge to the European Union's Emissions Trading Scheme for aviation to the European Court of Justice.  See Press Release, ATA, English High Court Permits ATA Legal Challenge to EU Emissions Trading Scheme to Proceed (May 27, 2010) (available here).  From the release:

The Air Transport Association of America (ATA), the trade organization for the leading U.S. airlines, said today that it was pleased that the English High Court will allow ATA permission to proceed with its legal challenge to the unilateral extension of the EU emissions trading scheme to international aviation. 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.

For further discussion on the ATA challenge from the blog, see "Challenging the EU ETS."

http://lawprofessors.typepad.com/aviation/2010/06/challenge-to-eu-ets-proceeds.html

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