An international dispute is intensifying over an impending European Union (EU) law regulating greenhouse gas (GHG) emissions from the burning of aircraft jet fuel, which applies to flights that originate or land in the EU, regardless of where the airlines are based. More than two dozen other countries, including the U.S. and China, are taking action to counter the directive. However, the outcome of a lawsuit pending before the European Court of Justice may ultimately determine whether the measure moves forward, as the law is evaluated with respect to past worldwide aviation treaties.
The EU took a leading role in the world regarding GHG emissions after establishing tighter regulations in 2003 that applied to land-based installations such as power plants and manufacturing facilities, which were expanded in 2008 through a cap-and-trade system, to eventually include emissions from aircraft. The directive limiting the amount of GHG emissions from airline jet engines will take effect on Jan. 1, 2012.
Specifically, this legislation requires airlines to possess emission allowances for operation to account for the GHG emissions released during flights that originate or land in the EU. The EU will offer airlines 85 percent of the allowances necessary for meeting the regulations based of an average of their emissions from 2004–06. Moreover, airlines will be able to purchase the remaining 15 percent of the allowances at auction. In addition, the EU measure is geared to improve fuel efficiency of airlines and promote the use of biofuels.
There is action in the U.S. Congress to prevent U.S. airlines from abiding by the directive. A bill moving through the House of Representatives (H.R. 2594), sponsored by Rep. John L. Mica (R-FL), would make it illegal for a U.S. airline to participate in the EU’s emissions trading program. Legislators are still working out the details, including how the legislation would be enforced. The Air Transport Association has stated that the EU directive would cost U.S. airlines more than $3 million from 2012 through 2020; however, the flip side is the job creation associated with the transition to biofuels and cleaner burning engines.
The EU measure does not apply to defense-related aircraft. After attending the Aerospace and Defense Supply Chain Conference in Phoenix, AZ this past week, biofuels do not appear to be a major emphasis of the defense sector for aircraft or other military vehicles at this time. As oil prices hold steady and the U.S. stalls in acting on reducing foreign oil dependence and GHG emissions standards, it will take likely another decade or more before biofuels become the norm for the defense sector. The U.S. Department of Defense has historically been the single largest consumer of oil in the whole world, according to their own published statistics, and the most vulnerable to fluctuations in oil prices, especially as Congress deliberates double-digit defense budget cuts for federal deficit reduction purposes.
According to pwc.com, a reputable aerospace literature publisher, 70 percent of today’s jets are more fuel-efficient than 40 years ago, partly due to use of advanced composite and metal alloy materials that are lighter in weight, but this raises the question on whether the U.S. can afford to wait that long for major future leaps in efficiency- from an economic and environmental perspective.
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