Energy Watch

New York (AirGuideBusiness - Energy Watch) 1/3/2010 US Air Transport Assn., American Airlines, Continental Airlines and United Airlines last week initiated a legal challenge in the UK High Court of Justice against aviation's inclusion in the EU's Emissions Trading Scheme, arguing that it violates the Chicago Convention (ratified in the UK in March 1947), the Kyoto Protocol, the US-EU open skies agreement and is "contrary to the customary international law principle that each state has complete and exclusive sovereignty over the airspace above its territory." The lawsuit was filed against the UK Secretary of State for Energy and Climate Change. Most American carriers are assigned to the UK for participation and compliance in the ETS. The suit was not unanticipated. Last week, IATA DG and CEO Giovanni Bisignani said that he does not expect the ETS to start as scheduled in 2012 owing to multiple legal challenges concerning its unilateral implementation. All US carriers, most non-EU airlines and even some EU carriers have submitted their initial emissions monitoring plans, scheduled to begin Jan. 1, under protest. The UK Dept. of Energy and Climate Change said it "will robustly defend the EU legislation that the UK called for in order to tackle aviation emissions." 12/22/2009