U.S. ENVIRONMENTAL PROTECTION AGENCY (EPA) DECLARES AIRCRAFT EMISSIONS THREAT TO THE ENVIRONMENT

August 15, 2016

The U.S. Environmental Protection Agency (EPA) issued a finding that greenhouse gas emissions from aircraft can endanger the environment. This finding will allow the EPA to adopt broader federal regulations regarding airplane emissions in the future.  The EPA finding specifically noted the dangers posed by carbon dioxide, methane, nitrous oxide, hydrofluorocarbons, perfluorocarbons and sulfur hexafluoride emissions from aircraft.  The finding applies to a wide variety of commercial aircraft from small 70-seat regional gets to the largest jumbo jets.  The EPA said that the covered aircraft account for approximately 90% of the total greenhouse gas emissions by aircraft in the United States.

Although the finding does not create any new legal obligations or requirements, it does set the stage for the EPA to create subsequent rules to address aircraft emissions. The International Civil Aviation Organization (ICAO) recently agreed on the first-ever international standards to regulate carbon dioxide emissions from aircraft. The EPA finding will allow the agency to issue rules in the future to address and possibly adopt the ICAO standards as U.S. domestic law.  Some environmental groups, such as the sustainable-transport group Transport & Environment (T&E), have urged the United States to adopt standards even more strict than those issued by ICAO.  These groups are advocating for a “technology-leading” standard rather than what they believe is a “technology-following” ICAO standard.  Any decisions and the chances for success are likely to be impacted by the Presidential election in November.  We will keep our readers appraised of any new developments.

If you have any questions, please contact Evelyn Sahr (esahr@eckertseamans.com, 202-659-6622) or Drew Derco (dderco@eckertseamans.com, 202-659-6665).

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