Aviation and Climate Change – Law & Policy is a collaborative effort of the firms of Condon & Forsyth LLP and HodgkinsonJohnson Pty Ltd. to address and analyze current topics related to the issue of aviation and climate change. Each edition aims to familiarize the reader with important climate change issues, serving as a resource for comprehensive analysis of potential solutions.
This Newsletter is intended to give a brief overview of global climate change issues as they affect the aviation industry going into the United Nations Framework Convention on Climate Change (“UNFCCC”) 21st annual Conference of Parties (“COP”) being held in Paris, France at the end of 2015.
Condon & Forsyth LLP Editors: Stephen R. Stegich, Marshall S. Turner, Jane M. Sigda and Kevin J. Bishop
HodgkinsonJohnston Pty Ltd Editors: David Hodgkinson, Rebecca Johnston
An Overview of Key Events Affecting the Aviation Industry’s CO2 Emissions Problem
This Newsletter is intended to give a brief overview of global climate change issues as they affect the aviation industry going into the United Nations Framework Convention on Climate Change (“UNFCCC”) 21st annual Conference of Parties (“COP”) being held in Paris, France at the end of 2015.1
We again focus on the aviation industry’s contribution to global climate change and the industry’s efforts to reduce carbon dioxide (“CO2“) emissions, a key greenhouse gas (“GHG”).2 The aviation industry is a critical sector that must be a part of any attempt to reduce global CO2 emissions across the spectrum because “unregulated carbon emissions from the aviation sector are the fastest growing source of the greenhouse gas emissions that are contributing to global climate change.”3
While global climate change is a worldwide problem, the next several years are critical in the aviation industry’s efforts to address its CO2 emissions problem.4 In 2013, at the 38th International Civil Aviation Organization (“ICAO”)5 Assembly, ICAO Member States agreed to finalize a new CO2 emissions standard and to develop a Global Market-Based Measure (“GMBM”) to address international aviation CO2 emissions in time for the 39th ICAO Assembly scheduled for September 2016.6 The Member States also agreed that any GMBM should be implemented by 2020.7 The consensus agreement achieved by ICAO in 2013 is essentially an agreement to agree in 2016. No standards have yet been announced.
The 2015 Paris Climate Change Conference
While ICAO is working towards CO2 emissions reduction goals for the aviation industry, on a parallel track the Member States to the UNFCCC are working on reducing CO2 emissions across all other industries. To this end, the UNFCCC is hosting UNFCCC COP21, also known as the 2015 Paris Climate Change Conference (30 November – 11 December). The main objective of the annual COP meeting is to review the status of the individual efforts of UNFCCC Member States to address climate change.8 The first COP took place in Berlin, Germany in 1995.9
COP21 will, for the first time in over twenty years of United Nations (“UN”) negotiations, aim to achieve a legally binding and universal agreement on climate, with the aim of limiting global temperature increases to below 2°C.10 A critical component of keeping global warming below 2°C will be the reduction of GHGs in the atmosphere, in particular, CO2.11 Although not controlling on the aviation industry, the fact that Member States of the UNFCCC aim to achieve a legally binding limit on global temperature increases will provide additional incentive for the aviation industry to contribute to the overall reduction of CO2 emissions.
The UNFCCC represents the international political response to climate change.12 The UNFCCC was adopted in 1992 and went into effect in 1994.13 It currently has a near universal membership of 196 parties, including key countries such as the US, the United Kingdom, France, Germany, Brazil, Russia, India, and China.14 The UNFCCC sets out a framework for legal action aimed at stabilizing atmospheric concentrations of GHGs “at a level that will prevent dangerous human interference with the climate system.”15 It does not set binding limits on GHGs or contain enforcement mechanisms.16 Instead, the UNFCCC operates by providing a framework for negotiating specific international treaties called ‘protocols.’ Perhaps the most well known protocol, and the most relevant for the aviation industry, is the Kyoto Protocol. The UNFCCC is the parent treaty of the Kyoto Protocol.17
The Kyoto Protocol – The International Framework for Regulating Aviation CO2 Emissions
The Kyoto Protocol was adopted at COP3 in 1997 and entered into force in 2005. It is of particular relevance to the aviation industry as the aviation industry is excluded from governance under the UNFCCC per Article 2(2) of the Kyoto Protocol. This article provides that developed States “shall pursue limitation or reduction of emissions . . . from aviation . . . through the International Civil Aviation Organization.”18 Stated differently, the aviation industry is not governed by the UNFCCC, the world’s primary climate change instrument, but is instead left to be regulated by ICAO.
The Kyoto Protocol legally binds developed countries that are signatories to reduce GHG emissions based on the premise that global warming exists and man-caused GHGs emissions have caused it.19 It has two commitment periods. The first ran from 2008 – 2012 and the second period is from 2013 – 2020.20 The Protocol currently has 192 signatories, though several key countries are not a part of the protocol.21 The US has never ratified it,22 Canada became the first developed country to withdraw from the Kyoto Protocol in 2012,23 followed by Japan and Russia, who also participated in the Kyoto Protocol’s first commitment period, but withdrew prior to the second commitment period.24
The Kyoto Protocol is premised on the principle of “common but differentiated responsibilities.”25 It places the burden of reducing current GHG emissions on developed countries on the basis that they are historically responsible for the current levels of GHG emissions.26 Following the 2011 Durban Climate Conference (i.e. COP17) where a “Platform for Enhanced Action” was adopted, this traditional dichotomy between developed and developing states was breached. The “Platform for Enhanced Action” on climate change, a non-binding agreement, called for the development of a “protocol, another legal instrument or an agreed outcome with legal force” under the UNFCCC and applicable to all parties.27 The protocol developed under the Platform for Enhanced Action is scheduled to take effect in 2020, when the Kyoto Protocol’s second commitment period is set to expire.
ICAO – A Specialized UN Agency Coordinating Aviation Industry Policy
ICAO is a specialized UN agency headquartered in Montreal, Canada.28 ICAO works with its Member States and industry groups “to reach consensus on international civil aviation Standards and Recommended Practices (“SARP”s) and policies in support of a safe, efficient, secure, economically sustainable and environmentally responsible civil aviation sector.”29 As a result of Article 2(2) of the Kyoto Protocol, ICAO is also charged with building consensus and developing a comprehensive plan to address aviation CO2 emissions.
Until recently, ICAO had not been viewed as making meaningful progress in addressing global aviation CO2 emissions.30 As a result, various nations, individually and in concert, have taken steps to address aviation CO2 emissions within their borders.31 While this initiative by individual nations is perhaps laudable, it raises the unappealing prospect of a global patchwork of aviation CO2 emissions regulations which is likely to create international conflict and inhibit the establishment of a single uniform global system.32
ICAO raised expectations that it would address the lack of a global system for CO2 emissions regulations at its 38th Assembly in September/October 2013 when it announced that it would finalize an aviation CO2 emissions standard and develop a GMBM in time for ICAO’s 39th Assembly scheduled for September 2016.33 ICAO’s goal is to have its policy implemented in 2020.34 While ICAO’s agreement to agree at a future date may or may not be sufficient, its delay of immediate action parallels the approach taken under the UNFCCC and the Kyoto Protocol. This is not surprising as both the global emissions problem (governed by the UNFCCC/Kyoto Protocol) and the aviation emissions problem (governed by ICAO) are both being addressed “under the auspices of, and within a framework created by, the UN.”35
ICAO’s failure to establish firm CO2 emissions targets along with implementation dates has created a vacuum. As a result, various countries have attempted to fill this void with their own regulations.
Key Countries and Regions are Looking to Market-based Measures to Reduce Global CO2 Emissions
Key aviation markets like China, the European Union, and the US are at different stages in implementing mechanisms for cutting CO2 emissions. However, the common theme is that each market is focusing on Market-Based Measures (“MBM”).
China, the World’s Largest Emitter of GHG, to Introduce Cap and Trade Scheme by 2017
While China is currently the world’s biggest emitter of climate changing greenhouse gases, it has recently made efforts to reduce its levels of emissions. In 2014 China cut its energy intensity by 4.8% over 2013.36 Energy intensity is a measure of the amount of energy needed to increase Gross Domestic Product (“GDP”).37 High levels of energy intensity indicate a high cost of converting energy into GDP. This drop in 2014 follows a reduction of 3.7% in 2013. China has set a target of cutting its energy intensity to 16% below 2010 levels by 2015.
On 25 September 2015, Chinese President Xi Jinping announced, at the White House, China’s plan to start the world’s largest carbon trading scheme by 2017.38 This is the first time that China has committed to a cap and trade scheme and laid out a firm timetable.39 The fact that China has accomplished what the US has not yet been able to achieve – establishing an economy-wide mechanism for putting a price on carbon dioxide emissions and encouraging big emitters to develop alternative ways to generate energy – was not lost on those who monitor global climate change. As Li Shuo, who tracks international climate negotiations for Greenpeace, stated “The fact this [was] announced [at] the [Chinese] president’s level during the world’s most important bilateral meeting40 is significant. It also delivers the message: Now the Chinese will put a price tag on carbon nationwide – how about the US?”41
China’s national program builds on seven geographic regional carbon markets China had already implemented as pilot programs.42 It also appears to cover all the heavy polluting sectors beyond the power sector, such as steel and cement, and thus should be a real step forward in the fight to curb carbon emissions. With this announcement, China is poised to become the most important hub in a growing network of carbon markets in the Asia-Pacific region.43
China’s impetus to be a leader on climate change is complex, but one factor is likely the 1.2 million Chinese that died in 2010 from pollution linked to cars and China’s roughly 3,000 coal-fired power plants.44 China’s poor air quality has become not just a health issue, but also a political issue. President Xi Jinping recognizes that domestically, China’s toxic air and the concomitant health crisis weakens the communist party. The public’s frustration can be seen in China’s average of 270 daily “mass incidents,” that is, unofficial gatherings of 100 or more demonstrators which are sparked in part by pollution and environmental degradation.45
European Union Cap and Trade Scheme for Aviation CO2 Emissions On Hold Through 2016
The European Union Emissions Trading Scheme, also known as the “EU ETS,” puts a cap on CO2 emitted by businesses and creates a market and price for carbon allowances. It covers approximately 45% of EU emissions.46 The EU ETS scheme started in 2005 in order to help the EU meet its targets under the Kyoto Protocol.47
The EU ETS initiative is the world’s largest carbon-trading scheme, but it has had little impact on the aviation industry.48 EU Directive 2008/101 attempted to extend the EU ETS’s reach to the aviation industry and was scheduled to take effect on 1 January 2012.49 Under this directive, emissions from all flights from, to and within the European Economic Area (“EEA”), the twenty-eight EU Member States, plus Iceland, Liechtenstein, and Norway, are regulated by the EU ETS.50 The regulation applies to EU and non-EU airlines alike that operate in this region.
However, the EU ETS CO2 emissions requirements were suspended prior to implementation for flights to and from non-European countries.51 The agreement to ‘stop the clock’ on implementing a CO2 cap and trade scheme for all airlines in the EU ETS followed years of pressure from various stakeholders, including airlines. International airlines, led by those in the US, China,52 India, and Russia53 opposed the application of the EU ETS to the aviation industry and challenged the directive in the European Court of Justice (“ECJ”).54
Following the recommendation of the ECJ’s Advocate General, the ECJ found Directive 2008/101 to be legal on 21 December 2011.55 Despite winning in court, the EU decided to amend the legislation so that from 2013 – 2016 only emissions from flights within the EEA fall under the EU ETS. Ostensibly, the EU stopped the clock in recognition of the ICAO agreement to develop a GMBM addressing international aviation emissions by 2016 and apply it by 2020.56 However, many believe the international resistance experienced by the EU when it acted unilaterally was the motivating factor in stopping the clock.57
Given the pressure the EU faced globally when it acted unilaterally with its cap and trade scheme, it will be telling to see if China’s plans are weakened, delayed, or abandoned all together as the time comes for implementing its own cap and trade scheme. One need look no further than the US, which appears to be falling further behind in its attempts to curb aviation CO2 emissions.
US Facing Political Challenges to Implementing a Cap and Trade Scheme
While China has announced a cap and trade scheme with a 2017 implementation deadline, and the EU has a system in place that is temporarily on hold until the end of 2016, the US has not yet been able to get a cap and trade scheme through Congress. A big hurdle to a cap and trade scheme in the US has been Republican Party opposition.58 As Senator Jim Inhofe (R-Okla.), a vocal climate change skeptic stated in reference to the 2015 Paris Climate Change Conference, “I don’t know if I’ll repeat what I’ve done several times before, which is to go over and be the bad guy, the one-man truth squad, and tell the truth, that they’re going to be lied to by the Obama administration.”59 Inhofe has previously bragged that he derailed the climate change talks held in Copenhagen in 2009. Inhofe is currently the Senate Environment and Public Works Committee Chairman.60 He, along with Ed Whitfield (R-Ky.), a member of the House Energy and Commerce Committee and Chairman of the Subcommittee on Energy and Power, is considering going to Paris to influence the UNFCCC meetings.61 As Whitfield has stated, “We may send a group over to Paris, just to let them know that there’s another branch of [the US] government, in addition to the executive branch, on these issues.”62
In an attempt to work around Republican opposition, President Obama is pursuing a strategy whereby he will seek out non-binding targets at the 2015 Paris Climate Change Conference in order to avoid having to seek Senate ratification. The Republican goal is to let the delegates in Paris know that President Obama’s environmental agenda has significant opposition domestically in the hope they can derail the development of any genuine measures.
US Environmental Protection Agency Issues Formal Finding that Commercial Aircraft CO2 Emissions Contribute to Climate Change and Endanger Public Health
Despite Republican opposition, there have been positive signals that aviation CO2 emissions regulations in the US can be implemented.63
On 1 July 2015, the US Environmental Protection Agency (“EPA”) issued its draft finding that GHG emissions from commercial aircraft contribute to the air pollution that causes climate change and are a danger to public health and welfare.64 The endangerment finding also included an Advanced Notice of Proposed Rulemaking (“ANPRM”) to notify the public that the EPA intended to adopt ICAO’s prospective CO2 emission standards for the aviation industry in the US.65
Under the Clean Air Act,66 the endangerment finding will require, for the first time, that commercial airlines in the US also be regulated according to their environmental impact.67 In contrast to other US transportation sectors like cars and trucks, commercial aviation has remained relatively unregulated with respect to CO2 emissions.
The EPA’s actions put additional pressure on ICAO to reach an accord on international standards for commercial aircraft emissions or risk the possibility that various national patchworks will continue to develop. As noted by a Senior Editor in an Editorial in Air Transport World, “the US has now set the wheels in motion, likely inexorably, to establishing a CO2 standard for commercial aircraft. If ICAO talks fail, it would be hard for [the] EPA to backtrack and say that aircraft CO2 GMBM emissions aren’t an endangering pollutant. Therefore, the US would probably move to act unilaterally if the ICAO talks blow up.”68
The rising global public awareness regarding the severity of the effects of global climate change should create political opportunities for implementing MBMs.
Public Awareness of the Gravity of Climate Change is Pervasive
While there are still individuals who doubt whether global climate change is real, and if so, whether it is caused or exacerbated by human activity, the general public seems to have accepted global climate change as a genuine problem that must be addressed.69 The extent to which global climate change has entered the public consciousness is reflected in the fact that even the Pope of the Catholic Church, which has over 1 billion followers, has raised global climate change as an issue that cannot be ignored.70
Pope Francis’ encyclical, “Laudato Si’ — On Care for Our Common Home,” published in May 2015, received global praise for raising the alarm regarding the state of the global environment.71 He specifically discussed climate change and urged people to get involved. The entire first chapter, titled “What is Happening to Our Common Home,” focused on the human role in global climate change.72 Pope Francis stated that “climate is a common good, belonging to all and meant for all.”73 He addressed “the human causes which produce or aggravate [climate change]” and the “number of scientific studies [that] indicate that most global warming . . . is due to the great concentration of greenhouse gases (carbon dioxide, methane, nitrogen oxides and others) released mainly as a result of human activity.”74
Pope Francis recognized that “climate change is a global problem with grave implications: environmental, social, economic, political and for the distribution of goods. It represents one of the principal challenges facing humanity in our day.”75 He concluded that “there is an urgent need to develop policies so that, in the next few years, the emission of carbon dioxide and other highly polluting gases can be drastically reduced, for example, substituting for fossil fuels and developing sources of renewable energy.”76
It is not just the Catholic Church, but also Islamic leaders who have raised serious concerns about global climate change.77 Islamic leaders in 2015 issued a “Declaration on Global Climate Change” which requested that the world’s 1.6 billion Muslims work together to phase out GHG by 2050 and institute a 100% renewable energy strategy.78
While religious groups are perhaps unlikely agitators for addressing global climate change, secular entities and the media are also doing their part to keep global climate change at the forefront of people’s awareness. Recent news articles highlight that global climate change is having numerous affects around the globe and in various ways, from playing a role in why the fishing cod population of Maine is not recovering due to rapid warming in the Gulf of Maine,79 the likelihood that the Greenland ice pack is melting away due to rising temperatures,80 or to the National Academy of Sciences publishing a report indicating that US coastal cities, such as New Orleans, Miami, Boston, and Long Beach, California, are doomed to be washed away by ever-rising sea levels caused by increased global temperatures.81
More pointedly, the 2015 Paris Climate Change Conference itself has led to numerous articles assessing the state of global climate affairs, and while the outlook is not entirely disheartening, there is significant concern.82 The BBC recently published an article declaring that national climate change plans overall, not just for the aviation industry, must go further to prevent dangerous levels of global warming.83 This was based on an assessment of national plans submitted by 146 countries to the UN.84
The Economist published an article addressing the damage already done by climate change and questioning whether recent pledges to do more in advance of the 2015 Paris Climate Change Conference are sufficient to turn the tide.85 Focusing on the aviation industry and the US in particular, Slate published a scathing critique of the aviation industry’s efforts to address climate change.86
It is in this context that ICAO and the aviation industry are attempting to address their CO2 emissions problem.
Aviation Industry CO2 Emissions Reduction Goals
In 2009, the aviation industry agreed to a set of ambitious goals to address concerns regarding global climate change.87 It was a first for any international transport sector.88 The three goals were as follows:
- 1.5% Average Annual Fuel Efficiency Improvement from 2009 to 2020;
- Stabilize Net Aviation CO2 Emissions at 2020 Levels through Carbon-Neutral Growth; and
- Reduce Aviation’s Net CO2 Emissions to 50% of What They were in 2005 by 2050.
The aviation industry generates approximately 2% – 8% of man-caused CO2 emissions.89 It is an increasing share of global CO2 emissions that is projected to continue rising unless dramatic changes are implemented.90 As a result, there is growing momentum for the aviation industry to find ways to cut CO2 emissions.91
Steps to Achieving CO2 Emissions Reduction Goals
Goal One – 1.5% Average Annual Fuel Efficiency Improvement from 2009 to 2020
The aviation industry aims to meet Goal One with a combination of improved aircraft fuel efficiency as a result of technological advances, more efficient operations, and better infrastructure. The aviation sector is, of course, a technology driven industry. Each new generation of aircraft has cut fuel use which in turn reduces CO2 emissions.92 Reports indicate that each new generation of aircraft saves approximately 15-20% on fuel usage as compared to the prior generation.93 Unfortunately, this fuel savings is partially offset by the overall growth in air travel.94 Approximately 44% of new aircraft are introduced specifically to meet the growing demand for air travel.95
An aircraft already in service can cut CO2 emissions by achieving increased efficiency in operations.96 Efficiencies can be found by cutting the weight carried on board, more efficient flight patterns, reduced taxiing on runways, and using electric powered vehicles on the ground to position aircraft.
Enhanced infrastructures also provide opportunities for reducing CO2 emissions.97 Airports have taken action to reduce their energy consumption and fossil fuel use in their buildings and operational activities. An area ripe for improvement is the development of an air traffic system that gives greater autonomy to individual flights without compromising safety. Currently, many air traffic system providers are constrained by governance arrangements.98 The hope is that lifting select restrictions would allow air traffic systems to streamline operations and achieve greater efficiencies, leading to reduced CO2 emissions.
Goal Two – Stabilizing Net Aviation CO2 Emissions at 2020 Levels Through Carbon-Neutral Growth
To achieve Goal Two, the aviation industry has coalesced around the concept of MBMs to reduce CO2 emissions.99 In particular, given the global nature of aviation, the industry has recognized that a patchwork of different measures by individual countries and regions is not ideal.100 Instead, a single global scheme is more likely to lead to the protection of the environment while minimizing market distortions.101 Market distortions could arise if certain airlines were subject to payments or fines for emissions, while others were not, based on where their aircraft are registered. While a viable GMBM still remains a formidable challenge, given the novelty of the enterprise and all the various constituent groups, the timing appears as favorable as it has ever been for ICAO to achieve a GMBM.
Goal Three – Reducing Aviation’s Net CO2 Emissions to 50% of What They Were in 2005 by 2050
Achieving Goal Three will require a continued commitment to developing sustainable alternative fuels.102 Until recently, traditional jet fuel was the only source of energy for aircraft. The last several years have seen the rise of alternative fuels, or biofuels as they are sometimes referred to.103 Approximately 2,000 commercial flights by more than twenty airlines have now been powered by alternative fuels from renewable and sustainable sources.104 The current crop of biofuels are called ‘drop-in’ fuels because they can be mixed with traditional jet fuel (which is fossil fuel based) in varying proportions.105 The goal is to continue increasing the blend percentage until traditional jet fuel is no longer needed. The CO2 reduction benefits vary with different feedstock, as the blend of biofuel and jet fuel is sometimes referred to, but some feedstocks have shown a CO2 reduction of up to 80% compared with traditional jet fuel.106
Biofuels – A Critical Component in the Aviation Industry’s Effort to Meet its CO2 Emissions Reduction Goals
As noted recently in Aviation Week & Space Technology, “probably the single most important lever that could bring aviation nearer to its emissions targets is the introduction of biofuel on an industrial scale.”107
Recognizing that biofuels are a key part of the future, airlines have begun investigating how to increase their use of biofuels.108 A significant number of airlines from around the globe have joined together to create the Sustainable Aviation Fuel Users Group (“SAFUG”), which is an organization focused on “accelerating the development and commercialization of sustainable aviation biofuels.”109 SAFUG was formed in September 2008 with support and advice from the world’s leading environmental organizations, such as the Natural Resources Defense Council and the Roundtable on Sustainable Biomaterials.110
SAFUG members currently include over twenty-five of the world’s largest airlines, as well as three of the largest aircraft manufacturers, Airbus SAS, The Boeing Company, and Embraer S.A.111 The members of SAFUG are responsible for approximately 33% of commercial aviation fuel demand; a meaningful portion of the airline industry and perhaps enough to have a positive impact with respect to reducing CO2 emissions.112
Each SAFUG member has taken a “Pledge” declaring their commitment “to advance the development, certification, and commercial use of drop-in sustainable aviation fuels,” to work with “leading organizations and individuals in the biofuels arena,” and work “in partnership where appropriate with governments, other industries and representatives of civil society on credible and feasible actions in response to global climate change concerns and other socioeconomic challenges.”113
Airlines are doing more than simply forming organizations.114 In 2015, United Airlines, a member of SAFUG, announced a USD $30 million investment in Fulcrum BioEnergy, which is a US based alternative fuels developer.115 This was part of United’s attempt to establish a long-term supply of sustainable jet fuel. Fulcrum BioEnergy is a pioneer in the development and commercialization of converting municipal solid waste into low-cost sustainable aviation biofuel.116 United’s investment is thought to be the largest single investment by a US airline to date in alternative fuels.117
Other companies that rely heavily on aircraft for their operations have also shown a commitment to using biofuels. FedEx, which operates one of the largest civil aircraft fleets in the world and carries more freight than any other airline,118 announced in 2015 that it plans to purchase alternative fuels from Red Rock Biofuels.119 This agreement between FedEx and Red Rock Biofuels is a key step by FedEx in reaching their goal of obtaining 30% of their jet fuel from alternative sources by 2030.120 Red Rock Biofuels converts forest waste into renewable jet fuel.121 Red Rock Biofuels also has an agreement to start supplying Southwest Airlines with biofuel in 2016.122
Aircraft manufacturers are also investing considerable resources to foster the development of biofuels. A prime example is the work being done by the Sustainable Aviation Biofuels for Brazil Project (“SABB”).123 SABB is composed of Boeing and Embraer, in conjunction with FAPESP,124 an independent public foundation with the mission of fostering research and the scientific and technological development of the State of São Paulo, and UNICAMP, a public university in the state of São Paulo, long recognized for its scientific research.
This type of inter-organizational collaboration will become more prevalent as it increases the likelihood of having the proper knowledge and skills to address the complex issue of developing biofuels. SABB is focused on a “national assessment of the technological, economic and sustainability challenges and opportunities associated with the development and commercialization of sustainable aviation biofuel in Brazil.”125
Conclusion – Under ICAO’s Stewardship the Aviation Industry Can Make a Positive Impact on CO2 Emissions
The aviation industry will continue to face political and economic challenges to implementing its CO2 emissions goals. ICAO’s stewardship is necessary to keep the industry moving in the right direction. ICAO will need continued fortitude in steering the various stakeholders to make further changes to continue reducing CO2 emissions. With the 2015 Paris Climate Change Conference approaching there seems to be some synergy and momentum developing. This has created hope that ICAO will take bold action to generate meaningful change.
While there is justified dissatisfaction at the state of commercial aviation CO2 emissions,126 the aviation industry has made strides in reducing its carbon footprint. Since 1990 the aviation industry has avoided introducing 8.5 billion tons of CO2 emissions into the atmosphere and has halved fuel use per ton kilometer and spent a trillion dollars buying new fuel-efficient aircraft and engines.127
With increased awareness regarding global climate change and greater motivation to find ways to reduce CO2 emissions, the aviation industry is poised to continue building on this legacy.
The question is whether ICAO and the aviation industry are ready to make the political and economic investments necessary to keep advancing toward their ambitious CO2 emissions goals, and to do so with sufficient urgency to achieve meaningful gains. The potential for real change in a positive manner is there if all the stakeholders – airlines, aircraft and engine manufacturers, national and regional governments, specialized agencies and policy groups, etc. – make a concerted effort under ICAO’s banner. It will take all these constituencies working together to affect change because despite internal motivation, the aviation industry is a heavily regulated sector and needs the continued support of external governmental entities and specialized agencies like ICAO. If ICAO can generate enough political will from Member States to establish realistic GMBM standards, the pace in the reduction of CO2 emissions is likely to increase. Particularly if the UNFCCC is also moving in the same direction for other industries and sectors.
We will provide a further Newsletter following the 2015 Paris Climate Change Conference.
1 United Nations Framework Convention on Climate Change website, available at http://unfccc.int/meetings/paris_nov_2015/meeting/8926.php (last visited 24 Nov. 2015).
2 World Meteorological Organization, “Greenhouse Gas Bulletin – The State of Greenhouse Gases in the Atmosphere Based on Global Observations through 2014,” No. 11, 9 Nov. 2015, available at http://library.wmo.int/pmb_ged/ghg-bulletin_11_en.pdf; see also United States Environmental Protection Agency website, available at http://www3.epa.gov/climatechange/ghgemissions/gases/co2.html (last visited 24 Nov. 2015) and http://www3.epa.gov/climatechange/science/indicators/ghg/index.html (last visited 24 Nov. 2015).
3 World Wildlife Fund Press Release, 9 Apr. 2014, “Nobel Prize Winners to ICAO: Carbon Emissions Have a Cost,” available at https://www.worldwildlife.org/press-releases/nobel-prize-winners-to-icao-carbon-emissions-have-a-cost (last visited 24 Nov. 2015); see also United States Department of Transportation website, available at http://climate.dot.gov/about/transportations-role/overview.html (last visited 24 Nov. 2015); Pew Center, “Greenhouse Gas Emissions From Aviation and Marine Transportation: Mitigation Potential and Policies,” Dec. 2009, available at http://www.c2es.org/docUploads/aviation-and-marine-report-2009.pdf; UNFCCC Climate Talks, “The Right Flightpath to Reduce Aviation Emissions,” Nov. 2010.
4 Condon & Forsyth LLP and HodginksonJohnston Pty Ltd. Newsletter, “Aviation and Climate Change – Law & Policy: The Aviation Emissions Problem,” Dec. 2014.
5 ICAO is a specialized agency under the United Nations framework that regulates the aviation industry. International Civil Aviation Organization website, available at http://www.icao.int/about-icao/Pages/default.aspx (last visited 24 Nov. 2015).
6 ICAO News Release, 4 Oct. 2013, “Dramatic MBM Agreement and Solid Global Plan Endorsements Help Deliver Landmark ICAO 38th Assembly,” available at http://www.icao.int/Newsroom/News%20Doc%202013/COM.36.13.A38.Closing.EN.pdf (last visited 24 Nov. 2015); see also Climate Change Policy & Practice website, available at http://climate-l.iisd.org/news/icao-assembly-to-develop-a-global-market-based-measure-for-international-aviation/ (last visited 24 Nov. 2015).
7 ICAO News Release, 4 Oct. 2013, “Dramatic MBM Agreement and Solid Global Plan Endorsements Help Deliver Landmark ICAO 38th Assembly,” available at http://www.icao.int/Newsroom/News%20Doc%202013/COM.36.13.A38.Closing.EN.pdf.
8 United Nations Framework Convention on Climate Change website, available at http://unfccc.int/bodies/body/6383.php (last visited 24 Nov. 2015).
9 Id.
10 COP21 Paris, France Sustainable Innovation Forum 2015 (i.e., 2015 Paris Climate Change Conference) website, available at http://www.cop21paris.org/about/cop21 (last visited 24 Nov. 2015).
11 US Government Accountability Office, Report to Congressional Committees, “Aviation and Climate Change – Aircraft Emissions Expected to Grow, but Technological and Operational Improvements and Government Policies Can Help Control Emissions,” June 2009, available at http://www.gao.gov/assets/300/290594.pdf.
12 United Nations Framework Convention on Climate Change website, available at http://unfccc.int/essential_background/items/6031.php.
13 United Nations Framework Convention on Climate Change website, available at http://unfccc.int/essential_background/convention/status_of_ratification/items/2631.php.
14 United Nations Framework Convention on Climate Change Newsroom website, available at http://newsroom.unfccc.int/about/ (last visited 24 Nov. 2015); United Nations Framework Convention on Climate Change website, available at http://unfccc.int/parties_and_observers/parties/items/2352.php (last visited 24 Nov. 2015).
15 United Nations Framework Convention on Climate Change Newsroom website, available at http://newsroom.unfccc.int/about/ (last visited 24 Nov. 2015).
16 World Meteorological Organization website, available at https://www.wmo.int/pages/themes/climate/international_unfccc.php (last visited 24 Nov. 2015).
17 United Nations Framework Convention on Climate Change Newsroom website, available at http://newsroom.unfccc.int/about/ (last visited 24 Nov. 2015).
18 United Nations Framework Convention on Climate Change website, available at http://unfccc.int/essential_background/kyoto_protocol/items/1678.php (last visited 24 Nov. 2015).
19 The UNFCCC divides countries into three (3) main groups with different commitments. “Annex I Parties“ include industrialized countries that were members of the Organization for Economic Co-operation and Development (“OECD”) in 1992, plus countries with economies in transition (“EIT”), including the Russian Federation, the Baltic States, and several Central and Eastern European States. Annex II Parties consist of the OECD members of Annex I, but not the EIT Parties. Non-Annex I Parties are mostly developing countries.
20 UN and Climate Change website, available at http://www.un.org/climatechange/towards-a-climate-agreement/ (last visited 24 Nov. 2015).
21 United Nations Framework Convention on Climate Change website, available at http://unfccc.int/kyoto_protocol/status_of_ratification/items/2613.php (last visited 24 Nov. 2015).
22 Id.
23 United Nations Framework Convention on Climate Change website, available at http://unfccc.int/kyoto_protocol/items/3145.php (last visited 24 Nov. 2015); Government of Canada, “A Climate Change Plan for the Purposes of the Kyoto Protocol Implementation Act 2012,” available at https://www.ec.gc.ca/Publications/default.asp?lang=En&n=EE4F06AE-1&xml=EE4F06AE-13EF-453B-B633-FCB3BAECEB4F&offset=3&toc=hide (last visited 24 Nov. 2015); Canada.com, “It’s official: Harper government withdraws from Kyoto climate agreement,” 14 Dec. 2012, available at http://o.canada.com/news/its-official-harper-government-withdraws-from-kyoto-climate-agreement (last visited 24 Nov. 2015).
24 Reuters, “Doha climate talks throw lifeline to Kyoto Protocol,” 8 Dec. 2012, available at http://www.reuters.com/article/2012/12/08/us-climate-talks-idUSBRE8B60QU20121208#WortzpgxrCX6tSgd.97 (last visited 24 Nov. 2015); UNFCCC “Losing Canada, Japan and Russia in the climate regime: Could the solution be in Asia?” 24 April 2013, available at https://unfcccecosingapore.wordpress.com/2013/04/24/losing-canada-japan-and-russia-in-the-climate-regime-could-the-solution-be-in-asia/ (last visited 24 Nov. 2015).
25 United Nations Framework Convention on Climate Change website, available at http://unfccc.int/kyoto_protocol/items/2830.php (last visited 24 Nov. 2015).
26 The Encyclopedia of Earth website, available at http://www.eoearth.org/view/article/151320/ (last visited 24 Nov. 2015).
27 United Nations Framework Convention on Climate Change, “Report of the Conference of the Parties on its seventeenth session, held in Durban from 28 Nov. to 11 Dec. 2011,” available at http://unfccc.int/resource/docs/2011/cop17/eng/09a01.pdf.
28 International Civil Aviation Organization website, available at http://www.icao.int/Pages/contact_us.aspx (last visited 24 Nov. 2015).
29 International Civil Aviation Organization website, available at http://www.icao.int/about-icao/Pages/default.aspx (last visited 24 Nov. 2015).
30 Transport and Environment, “Grounded – How ICAO failed to tackle aviation and climate change and what should happen now,” Sept./Oct. 2010, available at ttp://www.transportenvironment.org/sites/te/files/media/2010_09_icao_grounded.pdf.
31 See discussion in this Newsletter regarding China and the EU ETS.
32 EurActiv.com, “ICAO under pressure to forge deal on aviation emissions,” 17 July 2014, available at http://www.euractiv.com/sections/aviation/icao-under-pressure-forge-deal-aviation-emissions-303563 (last visited 24 Nov. 2015).
33 ICAO News Release, 4 Oct. 2013, “Dramatic MBM Agreement and Solid Global Plan Endorsements Help Deliver Landmark ICAO 38th Assembly,” available at http://www.icao.int/Newsroom/News%20Doc%202013/COM.36.13.A38.Closing.EN.pdf.
34 Id.
35 Condon & Forsyth LLP and HodginksonJohnston Pty Ltd. Newsletter, Aviation and Climate Change – Law & Policy: The Aviation Emissions Problem, Dec. 2014 at p. 8.
36 Reuters, “China cuts energy intensity by 4.8 pct in 2014,” 19 Jan. 2015, available at http://www.reuters.com/article/2015/01/20/china-energy-idUSL4N0UZ1QJ20150120 (last visited 24 Nov. 2015).
37 US Office of Energy Efficiency and Renewable Energy website, available at http://www1.eere.energy.gov/analysis/eii_trend_definitions.html (last visited 24 Nov. 2015); International Energy Agency website, available at https://www.iea.org/newsroomandevents/graphics/2014-08-19-energy-consumption-per-capita-and-energy-intensity.html (last visited 24 Nov. 2015).
38 The Guardian, “China to launch national cap-and-trade plan in 2017, US announces,” 24 Sept. 2015, available at http://www.theguardian.com/world/2015/sep/24/china-national-cap-and-trade-deal (last visited 24 Nov. 2015).
39 The White House, Office of the Press Secretary Press Release, 11 Nov. 2014, “FACT SHEET: U.S.- China Joint Announcement on Climate Change and Clean Energy Cooperation,” available at https://www.whitehouse.gov/the-press-office/2014/11/11/fact-sheet-us-china-joint-announcement-climate-change-and-clean-energy-c (last visited 24 Nov. 2015); Mother Jones, “China Says It Will Start the World’s Biggest Carbon Market by 2017,” 24 Sept. 2015, available at http://www.motherjones.com/environment/2015/09/china-cap-and-trade-carbon-xi-obama-agreement (last visited 24 Nov. 2015).
40 The White House, Office of the Press Secretary Press Release, 25 Sept. 2015, “FACT SHEET: President Xi Jinping’s State Visit to the United States,” available at https://www.whitehouse.gov/the-press-office/2015/09/25/fact-sheet-president-xi-jinpings-state-visit-united-states (last visited 24 Nov. 2015).
41 Mother Jones, “China Says It Will Start the World’s Biggest Carbon Market by 2017,” 24 Sept. 2015, available at http://www.motherjones.com/environment/2015/09/china-cap-and-trade-carbon-xi-obama-agreement (last visited 24 Nov. 2015).
42 The Climate Group website, available at http://www.theclimategroup.org/what-we-do/news-and-blogs/china-will-launch-worlds-biggest-carbon-market-in-2016/ (last visited 24 Nov. 2015).
43 Mother Jones, “China Says It Will Start the World’s Biggest Carbon Market by 2017,” 24 Sept. 2015, available at http://www.motherjones.com/environment/2015/09/china-cap-and-trade-carbon-xi-obama-agreement (last visited 24 Nov. 2015).
44 The Lancet website, available at http://www.thelancet.com/global-burden-of-disease#Dec13.Comm (last visited 24 Nov. 2015).
45 South China Morning Post, “Land grabs are main cause of mainland protests, experts say,” 20 Dec. 2012, available at http://www.scmp.com/news/china/article/1108543/land-grabs-are-main-cause-mainland-protests-experts-say (last visited 24 Nov. 2015).
46 European Commission on Climate Action website, available at http://ec.europa.eu/clima/policies/ets/index_en.htm (last visited 24 Nov. 2015).
47 European Commission on Climate Action, “The EU Emissions Trading System (EU ETS),” Oct. 2013, available at http://ec.europa.eu/clima/publications/docs/factsheet_ets_en.pdf.
48 Id.; United Nations Framework Convention on Climate Change website, available at http://unfccc.int/kyoto_protocol/mechanisms/emissions_trading/items/2731.php (last visited 24 Nov. 2015).
49 Directive 2008/101/EC of the European Parliament and of the Council of 19 Nov. 2008 available at http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2009:008:0003:0021:en:PDF.
50 European Commission on Climate Action, “The EU Emissions Trading System (EU ETS),” Oct. 2013, available at http://ec.europa.eu/clima/publications/docs/factsheet_ets_en.pdf.
51 Civil Aviation Authority website, available at https://www.caa.co.uk/default.aspx?catid=589&pageid=12443 (last visited 24 Nov. 2015).
52 GreenAir “China gets tough over EU ETS inclusion: its airlines to take legal action and threatens other countermeasures,” 23 May 2011, available at http://www.greenaironline.com/news.php?viewStory=1232 (last visited 24 Nov. 2015).
53 “Joint Statement Between The Civil Aviation Administration of the People’s Republic of China and The Ministry of Transport of The Russian Federation On European Union’s Inclusion of Aviation Into European Union Emissions Trading Scheme,” available at http://www.greenaironline.com/photos/China_-_Russia_Joint_Statement_on_EU_ETS__EN_.pdf.
54 GreenAir, “States opposed to Europe’s emissions trading scheme win ICAO Council backing but EU remains defiant,” 3 Nov. 2011, available at http://www.greenaironline.com/news.php?viewStory=1366 (last visited 24 Nov. 2015).
55 http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:62010CC0366; for a general description of the opinion, see Court of Justice of the European Union, Press Release No 104/11, Luxembourg, 6 Oct. 2011, “Advocate General’s Opinion in Case C-366/10 Press and Information The Air Transport Association of America and Others,” at http://curia.europa.eu/jcms/upload/docs/application/pdf/2011-10/cp110104en.pdf.
56 European Commission Press Release, 12 Nov. 12, “Stopping the clock of ETS and aviation emissions following last week’s International Civil Aviation Organisation (ICAO) Council,” available at http://europa.eu/rapid/press-release_MEMO-12-854_en.htm (last visited 24 Nov. 2015).
57 GreenAir “States opposed to Europe’s emissions trading scheme win ICAO Council backing but EU remains defiant,” 3 Nov. 2011, available at http://www.greenaironline.com/news.php?viewStory=1366 (last visited 24 Nov. 2015).
58 The Hill, “Obama turns to climate deal,” 25 Oct. 15, available at http://thehill.com/policy/energy-environment/257980-obama-turns-to-global-climate-deal (last visited 24 Nov. 2015).
59 Id.
60 Id.
61 Id.
62 Id.
63 US Environmental Protection Agency, Regulatory Announcement, “EPA Takes First Steps to Address GHG Emissions from Aircraft Engines,” June 2015, available at http://www3.epa.gov/otaq/documents/aviation/420f15023.pdf.
64 US Environmental Protection Agency, Federal Register, Vol. 80, No. 126, 1 July 2015, available at http://www.gpo.gov/fdsys/pkg/FR-2015-07-01/pdf/2015-15192.pdf.
65 Id.
66 Clean Air Act, available at http://www.epw.senate.gov/envlaws/cleanair.pdf; see also US Environmental Protection Agency Summary of Clean Air Act, available at http://www2.epa.gov/laws-regulations/summary-clean-air-act (last visited 24 Nov. 2015).
67 US Environmental Protection Agency, Regulatory Announcement, “EPA Takes First Steps to Address GHG Emissions from Aircraft Engines,” June 2015, available at http://www3.epa.gov/otaq/documents/aviation/420f15023.pdf.
68 Air Transport World, “Putting Pressure on ICAO” July 2015, Editorial by Senior Editor Aaron Karp.
69 Pew Research Center, “Global Concern about Climate Change, Broad Support for Limiting Emissions,” 5 Nov. 2015, available at http://www.pewglobal.org/2015/11/05/global-concern-about-climate-change-broad-support-for-limiting-emissions/ (last visited 24 Nov. 2015); Woods Institute For The Environment at Stanford University, “Majority of Americans continue to believe that global warming is real,” Mark Shwartz, 13 Mar. 2010, available at http://climatepublicopinion.stanford.edu/wp-content/uploads/2013/04/Krosnick-20090312_01.pdf.
70 Pew Research Center, “The Global Catholic Population,” 13 Feb. 2013, available at http://www.pewforum.org/2013/02/13/the-global-catholic-population/ (last visited 24 Nov. 2015); National Catholic Reporter, “Global Catholic population up, number of priests down since 1980,” 31 May 2015, available at http://ncronline.org/blogs/ncr-today/global-catholic-population-number-priests-down-1980 (last visited 24 Nov. 2015).
71 Encyclical Letter of the Holy Father Francis, “Laudato Si’ — On Care for Our Common Home” published in May of 2015, paras 23-26; The Guardian, “Pope Francis’s environmental message brings thousands on to streets in Rome,” 28 June 2015, available at http://www.theguardian.com/world/2015/jun/28/pope-francis-environment-rome-naomi-klein-climate-change (last visited 24 Nov. 2015); The New York Times, “Pope Francis, in Sweeping Encyclical, Calls for Swift Action on Climate Change,” 18 June 2015, available at http://www.nytimes.com/2015/06/19/world/europe/pope-francis-in-sweeping-encyclical-calls-for-swift-action-on-climate-change.html?_r=0 (last visited 24 Nov. 2015).
72 Encyclical Letter of the Holy Father Francis, “Laudato Si’ — On Care for Our Common Home” published in May of 2015, paras 17-61.
73 Id., para 23.
74 Id.
75 Id., para 25.
76 Id., para 26.
77 International Islamic Climate Change Symposium website, available at http://islamicclimatedeclaration.org/islamic-declaration-on-global-climate-change/ (last visited 24 Nov. 2015).
78 Id.; see also The Guardian, “Islamic leaders issue bold call for rapid phase out of fossil fuels,” 18 Aug. 2015, available at http://www.theguardian.com/environment/2015/aug/18/islamic-leaders-issue-bold-call-rapid-phase-out-fossil-fuels (last visited 24 Nov. 2015).
79 The New York Times, “Cod’s Continuing Decline Linked to Warming Gulf of Maine Waters,” 29 Oct. 2015, available at http://www.nytimes.com/2015/10/30/science/cods-continuing-decline-traced-to-warming-gulf-of-maine-waters.html?smprod=nytcore-ipad&smid=nytcore-ipad-share&_r=0 (last visited 24 Nov. 2015).
80 The New York Times, “Greenland is Melting Away,” 27 Oct. 2015, available at http://www.nytimes.com/interactive/2015/10/27/world/greenland-is-melting-away.html (last visited 24 Nov. 2015).
81 CBS News, “New Orleans, Miami could be washed away by rising seas,” 13 Oct. 2015, available at http://www.cbsnews.com/news/carbon-emissions-could-submerge-u-s-coastal-cities-under-water/ (last visited 24 Nov. 2015).
82 The New York Times, Op-Ed, “The Tough Realities of the Paris Climate Talks,” 4 Nov. 2015, available at http://www.nytimes.com/2015/11/04/opinion/the-tough-realities-of-the-paris-climate-talks.html?smprod=nytcore-ipad&smid=nytcore-ipad-share&_r=0 (last visited 24 Nov. 2015).
83 BBC, “UN: Climate plans must go further to prevent dangerous warming,” 30 Oct. 2015, available at http://www.bbc.com/news/science-environment-34668957 (last visited 24 Nov. 2015); see also BBC “Climate talks: Mind the emissions gap,” 12 Oct. 2015, available at http://www.bbc.com/news/science-environment-34490855 (last visited 24 Nov. 2015).
84 BBC, “UN: Climate plans must go further to prevent dangerous warming,” 30 Oct. 2015, available athttp://www.bbc.com/news/science-environment-34668957 (last visited 24 Nov. 2015).
85 The Economist “It’s getting hotter – At climate talks in Paris later this year, negotiators should ponder the damage already done,” 3 Oct. 2015, available at http://www.economist.com/news/international/21669885-climate-talks-paris-later-year-negotiators-should-ponder-damage-already (last visited 24 Nov. 2015).
86 Slate, “Just Plane Wrong – Global aviation is the fastest-growing cause of climate change. And the EPA might let it off the hook.” 4 June 2015, available at http://www.slate.com/articles/business/moneybox/2015/06/air_travel_and_climate_regulation_why_the_epa_might_let_big_aviation_off.html (last visited 24 Nov. 2015).
87 Worldwatch Institute, “Aviation Industry Outlines Ambitious Climate Goals,” available at http://www.worldwatch.org/node/6149 (last visited 24 Nov. 2015).
88 Air Transport Action Group (“ATAG”), Aviation Climate Solutions, Sept. 2015, p. 7.
89 United States Government Accountability Office, Aviation and Climate Change, “Aircraft Emissions Expected to Grow, but Technological and Operational Improvements and Government Policies Can Help Control Emissions,” June 2009, at http://www.gao.gov/new.items/d09554.pdf.
90 World Wildlife Fund Press Release, 9 Apr., 2014, “Nobel Prize Winners to ICAO: Carbon Emissions Have a Cost,” available at https://www.worldwildlife.org/press-releases/nobel-prize-winners-to-icao-carbon-emissions-have-a-cost (last visited 24 Nov. 2015); http://climate.dot.gov/about/transportations-role/overview.html; http://www.c2es.org/docUploads/aviation-and-marine-report-2009.pdf.
91 A Position Paper Presented by the Global Aviation Industry, “Reducing Emissions From Aviation Through Carbon-Neural Growth from 2020,” Sept./Oct. 2013, available at https://www.iata.org/policy/environment/Documents/atag-paper-on-cng2020-july2013.pdf.
92 Air Transport Action Group (“ATAG”), “Aviation Climate Solutions,” Sept. 2015, p. 11; https://www.iata.org/whatwedo/ops-infra/Pages/fuel-efficiency.aspx; GreenAir, “New aircraft fuel efficiency improvements return to historical average but lag ICAO fuel burn goals, finds ICCT report,” 18 Sept. 2015, available at http://www.greenaironline.com/news.php?viewStory=2130 (last visited 24 Nov. 2015).
93 Air Transport Action Group (“ATAG”), Aviation Climate Solutions, Sept. 2015, p. 11.
94 Manchester Metropolitan University website, available at http://www.cate.mmu.ac.uk/research-themes/climate-change/impacts-of-aviation-on-the-climate/aviation-emissions/ (last visited 24 Nov. 2015).
95Air Transport Action Group (“ATAG”), Aviation Climate Solutions, Sept. 2015, p. 11.
96 Pew Center on Global Climate Change, “Reducing Greenhouse Gas Emissions from U.S. Transportation,” Jan. 2011, available at http://cta.ornl.gov/cta/Publications/Reports/Reducing_GHG_from_transportation%5B1%5D.pdf.
97 Community Research and Development Information Service, “Cascade: Reducing Energy Use by Airports,” available at http://cordis.europa.eu/result/rcn/93078_en.html.
98Air Transport Action Group (“ATAG”), Aviation Climate Solutions, Sept. 2015, p. .
99 A Position Paper Presented by the Global Aviation Industry, “Reducing Emissions From Aviation Through Carbon-Neural Growth from 2020,” Sept./Oct. 2013, available at https://www.iata.org/policy/environment/Documents/atag-paper-on-cng2020-july2013.pdf (last visited 24 Nov. 2015).
100 EurActiv.com, “ICAO under pressure to forge deal on aviation emissions,” 17 July 2014, available at http://www.euractiv.com/sections/aviation/icao-under-pressure-forge-deal-aviation-emissions-303563 (last visited 24 Nov. 2015).
101 GreenAir, “EU praises wider engagement on ICAO global measure for aviation emissions but concerned over environmental integrity,” 5 Dec. 2014, available at http://www.greenaironline.com/news.php?viewStory=2016 (last visited 24 Nov. 2015).
102 Pew Center on Global Climate Change, “Reducing Greenhouse Gas Emissions from U.S. Transportation,” Jan. 2011, available at http://cta.ornl.gov/cta/Publications/Reports/Reducing_GHG_from_transportation%5B1%5D.pdf.
103 European Commission, “Launch of the European Advanced Biofuels Flightpath” available at http://ec.europa.eu/energy/sites/ener/files/20110622_biofuels_flight_path_launch.pdf; see also European Commission website, available at http://ec.europa.eu/energy/node/76 (last visited 24 Nov. 2015).
104 Air Transport Action Group (“ATAG”), Aviation Climate Solutions, Sept. 2015, p. 12.
105 US Department of Energy Alternative Fuels Data Center website, available at http://www.afdc.energy.gov/fuels/emerging_hydrocarbon.html (last visited 24 Nov. 2015).
106 Air Transport Action Group (“ATAG”), Aviation Climate Solutions, Sept. 2015, p. 12.
107 Aviation Week & Space Technology/Oct. 12-25, 2015 “Change Management, Scientists argue that aviation needs to be more aggressive to meet its own emissions targets” by Jens Flottau, Managing Editor, Commercial Aviation, Aviation Week & Space Technology.
108 National Resources Defense Council Issue Brief, “Aviation Biofuel Sustainability Study,” Mar. 2013, available at http://www.nrdc.org/energy/aviation-biofuel-sustainability-survey/files/aviation-biofuel-sustainability-survey-IB.pdf.
109 Sustainable Aviation Fuel Users Group website, available at http://www.safug.org/ (last visited 24 Nov. 2015).
110 Id.
111 Sustainable Aviation Fuel Users Group website, available at http://www.safug.org/members/ (last visited 24 Nov. 2015).
112 International Civil Aviation Organization website, available at http://www.icao.int/environmental-protection/GFAAF/Pages/Project.aspx?ProjectID=13 (last visited 24 Nov. 2015).
113 Sustainable Aviation Fuel Users Group website, available at http://www.safug.org/ (last visited 24 Nov. 2015).
114 GreenBiz, “FedEx, United bet it’s (finally) time for jet biofuels to take off,” 21 July 2015, available at http://www.greenbiz.com/article/virgin-FedEx-united-Boeing-jet-biofuels-airlines (last visited 24 Nov. 2015).
115 United Airlines News Release, 30 June 2015, “United Airlines Purchases Stake in Fulcrum BioEnergy with $30 Million Investment,” available at http://newsroom.united.com/2015-06-30-United-Airlines-Purchases-Stake-in-Fulcrum-BioEnergy-with-30-Million-Investment (last visited 24 Nov. 2015).
116 Fulcrum BioEnergy website, available at http://fulcrum-bioenergy.com/ (last visited 24 Nov. 2015).
117 United News Release, 30 June 2015, “United Airlines Purchases Stake in Fulcrum BioEnergy with $30 Million Investment,” available at http://newsroom.united.com/2015-06-30-United-Airlines-Purchases-Stake-in-Fulcrum-BioEnergy-with-30-Million-Investment (last visited 24 Nov. 2015).
118 International Air Transport Association, 2007, “WATS Scheduled Freight Tonne – Kilometres.“
119 Biofuels Digest, “FedEx, Southwest Airlines combine to buy entire jet fuel output of Red Rock biorefinery, through 2024,” 21 July 2015, available at http://www.biofuelsdigest.com/bdigest/2015/07/21/fedex-southwest-airlines-combine-to-buy-entire-jet-fuel-output-of-red-rock-biorefinery-through-2024/ (last visited 24 Nov. 2015).
120 The New York Times, “FedEx to boost biofuel use to cut costs, emissions” 29 Apr. 2009, available at http://www.nytimes.com/gwire/2009/04/29/29greenwire-fedex-to-boost-biofuel-use-to-cut-costs-emissi-10729.html (last visited 24 Nov. 2015).
121 Red Rock Biofuels website, available at http://redrockbio.com/Technology.html (last visited 24 Nov. 2015).
122 Southwest Airlines News Release, 24 Sept. 2014, “Southwest Airlines Announces Purchase Agreement With Red Rock Biofuels,” available at http://www.swamedia.com/releases/southwest-airlines-announces-purchase-agreement-with-red-rock-biofuels?l=en-US (last visited 24 Nov. 2015).
123 International Civil Aviation Organization website, available at http://www.icao.int/environmental-protection/GFAAF/Pages/Project.aspx?ProjectID=27 (last visited 24 Nov. 2015).
124 São Paulo Research Foundation website, available at http://www.fapesp.br/en/ (last visited 24 Nov. 2015).
125 SAAB, “Flightpath to Aviation Biofuels in Brazil: Action Plan,” p. 11, June 2013, available at http://www.fapesp.br/publicacoes/flightpath-to-aviation-biofuels-in-brazil-action-plan.pdf.
126 Greenpeace, “Climate protection between hope and despair, 20 years of the UNFCCC,” available at http://www.greenpeace.org/international/Global/international/publications/RioPlus20/20-Years-of-UNFCCC.pdf.
127 Air Transport Action Group (“ATAG”), Aviation Climate Solutions, Sept. 2015, p. 13.