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Airlines and Climate Change: The Aviation Industry’s Emissions Problem

…o 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-enviro…
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The 39th Assembly of the International Civil Aviation Organization: Regulation (from 2020) of Aviation Emissions – Part II: The ICAO Decision

…Not Make a Difference,” 20 October 2016, available at http://aviationweek.com/commercial-aviation/opinion-why-icao-s-emissions-deal-will-not-make-difference. 28 ICAO, “Top 3 reasons to join CORSIA,” available at http://www.icao.int/environmental-protection/Pages/A39_CORSIA_FAQ5.aspx. 29 Ibid. 30 Aviation Today, “How Operators Will Be Impacted by ICAO’s CORSIA Agreement,” 11 October 2016, available at http://www.aviationtoday.com/av/commercial/How…
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Airlines and Climate Change: The Aviation Emissions Problem

…(at Durban) there was agreement to reach agreement in 2015 on a text with commitments to commence in 2020. In 2012, at Doha, interim procedural steps were agreed, and climate change finance work programmes were extended, or put off. A second commitment period was also agreed which will cover just 15% of global emissions, which includes no major emitter, and with existing targets being reviewed by the end of next year. It can be argued that this i…
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Aviation and Climate Change: Impact and Initiatives – A Recap of Global Consensus to Tackle the Aviation Emissions Problem

…heir intention to participate in CORSIA from the outset of the pilot phase commencing 2021, including the US and China (the world’s largest emitters) and all EU Member States. In an IATA (International Aviation Transportation Association) Press Release (dated 6 October 2016 – the day the historic agreement was reached), Alexandre de Juniac, IATA’s Director General and CEO, said “Aviation is a catalytic driver of social development and economic pro…
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“A Genuine Triumph … and total Fantasy”: The Outcome of the Paris Climate Change Talks and the Future of the Planet

…coping with or adjusting to climate change. With mitigation, adaptation becomes easier (but it should be noted that these are not, of course, alternatives). Financial Assistance Previously, developed states had agreed (without being legally bound) to provide US$100 billion each year in public and private investment by and from 2020 to assist poorer and less developed states adapt to the effects of climate change. In the Paris Agreement, developed…
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Two Years Later: An SMS Update

…n SMS implementation plan; a safety policy outlining the objectives of the company; a commitment to safety management and objectives; designation of the responsibilities of an accountable executive and management representatives; and a coordinated emergency response plan. The FAA’s “Common Issues in SMS Review and Validation”4 details the SMS criteria that the FAA takes into account when determining whether an organization’s SMS program meets the…
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Second Circuit Reaffirms the Preemptive Effect of the Montreal Convention

…Ltd. & Aeroflot Airlines, No. 20-cv-4883, 2021 WL 309850 (S.D.N.Y. Jan. 29, 2021). 4 New Fortune Inc., 2021 WL 5699464, at *2 (quoting King v. Am. Airlines, Inc., 284 F.3d 352, 356-57 (2d Cir. 2004)). 5 New Fortune Inc., 2021 WL 5699464, at *2 (quoting King, 284 F.3d at 358). 6 Montreal Convention, art. 19. 7 Courts hold that a claim for breach of contract sounds in nonperformance, as opposed to delay, only when the carrier ultimately does not pro…
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Second Circuit Confirms Montreal Convention Applies to Delayed Transportation of Human Remains

…h decisions are discussed in detail in our previous Bulletin dated June 24, 2021, available at https://condonlaw.com/2021/06/u-s-district-court-for-the-eastern-district-of-new-york-clarifies-applicability-of-montreal-convention-to-delayed-transportation-of-human-remains/ 3 Badar v. Swissport USA, Inc., No. 21-1669, 2022 WL 16984540, at *5 (2d Cir. Nov. 17, 2022). 4 Id. at *8 (citing various lower court decisions including Paradis v. Ghana Airways…
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California Court of Appeals Affirms Dismissal of State Lawsuit Against Delta for Failing to Post a Privacy Policy Within Its Mobile Application

…icy was reasonably accessible to consumers through its commercial website, www.delta.com. The trial court sustained Delta’s demurrer on ADA preemption grounds and dismissed the complaint with prejudice. Court of Appeals Affirms Dismissal The Court of Appeals began its analysis with a restatement of the two “cornerstones” of federal preemption analysis identified by the U.S. Supreme Court in Wyeth v. Levine, 555 U.S 555 (2009). Namely, that: (1) th…
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