Memorandum Opinion and Order, Center for Biological Diversity v. EPA, Civ. No. 10-00985 (D.D.C. July 5, 2011) - On July 5, 2011, the U.S. District Court for the District of Columbia issued an order concluding that the U.S. Environmental Protection Agency has a mandatory obligation under the Clean Air Act to consider whether the greenhouse gas and black carbon emissions of aircraft engines endanger public health and welfare. This issue is critical because the Clean Air Act explicitly requires USEPA to regulate emissions that it determines endanger public health and welfare. Based on its conclusion, the court refused to dismiss a complaint filed by environmental interest groups seeking to compel USEPA to proceed with the regulation of non-road vehicles and aircraft
"Petition for Writ of Mandamus to Compel Compliance with Mandate," Massachusetts v. EPA,
April 2, 2008 in the D.C. Circuit (petitioners seek to have court order the EPA to issue an endangerment finding on greenhouse gases within 60 days); Petition Denied, June 26, 2008
Center for Biological Diversity v. National Highway Traffic Safety Administration (the "CAFE Case"), 508 F.3d 508 (9th Cir. 2007) (the Ninth Circuit ordered the NHTSA to complete an Environmental Impact Statement under NEPA that addresses the potential environmental impact of greenhouse gases)
Massachusetts v. EPA, 127 S.Ct. 1438 (2007) (U.S. Supreme Court ruled that EPA has the authority and is compelled by law to regulate greenhouse gases, should the EPA find that greenhouse gases substantially endanger public health and well-being)
Mid States Coalition for Progress v. STB, 345 F.3d 520 (8th Cir. 2003) (the Eight Circuit held that an Environmental Impact Statement under NEPA for a project to build a rail line to transport coal from mines in Wyoming to power plants in Minnesota and South Dakota should have considered air emissions, including CO2, from the power plants)
Draft NEPA Guidance on Consideration of the Effects of Climate Change and Greenhouse Emissions, Memorandum For Heads of Federal Departments and Agencies from Council on Environmental Quality, February 18, 2010
EPA, Mandatory Reporting of Greenhouse Gases, 74 Fed. Reg. 56,260 (Oct. 30, 2009); 40 C.F.R. pt. 98.
The American Clean Energy and Security Act of 2009: How Would the Bill Passed by the House Affect the Aviation Industry? July 14, 2009, J. Putnam
The American Clean Energy and Security Act of 2009, H.R. 2454, 111th Cong.
(June 26, 2009).
EPA, Regulating Greenhouse Gas Emissions Under the Clean Air Act, 73 Fed. Reg. 44,354 (July 30, 2008)
EPA Mandatory Reporting of Greenhouse Gases; Proposed Rule, April 10, 2009. "Proposed Greenhouse Gas Emissions Rule Would Affect Airports," J. Putnam. Testimony of Air Transportation Association of America (ATA) before the U.S. House, "Aviation and the Environment: Emissions and the Commercial Airlines' Climate Change Commitment," Testimony of Daniel K. Elwell, FAA, on Aviation Emissions, before the Select Committee on Energy Independence and Global Warming, April 2, 2008 Testimony of Robert J. Meyers, EPA, on Aviation Emissions, before the Select Committee on Energy Independence and Global Warming, April 2, 2008 Testimony of ATA, "The Commercial Airlines' Climate Change Commitment," before the House, April 2, 2008 "Petition for Rulemaking Under the Clean Air Act to Reduce the Emission of Air Pollutants from Aircraft that Contribute to Global Climate Change," submitted to Hon. Stephen L. Johnson, Administrator of the U.S. EPA, from Earthjustice and the Center for Biological Diversity, Notice of Intent to File Suite Under Section 304 of Clean Air Act, July 31, 2008 "Petition for Rule Making Seeking the Regulation of Greenhouse Gas Emissions from Aircraft," submitted to Hon. Stephen L. Johnson, Administrator of the U.S. EPA, from the State of California, December 4, 2007 Transportation Research Board: Airport Cooperative Research Program, Report 11 - Guidebook on Preparing Airport Greenhouse Gas Emissions Inventories (2009), available at:
May 6, 2008
December 4, 2007;
http://onlinepubs.trb.org/onlinepubs/acrp/acrp_rpt_011.pdf.
GAO 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 9, 2009
"Brown Announces San Diego Airport Emissions Agreement," Office of California Attorney General Brown, May 8, 2008
"Aviation and Climate Change: Legal and Regulatory Update," John Putnam, Presentation at 2008 AAAE Airport Air Quality Conference, January 28, 2008
Port of Seattle, Seattle-Tacoma International Airport Greenhouse Gas Emissions Inventory 2006, last updated October 30, 2007
"The law of aviation-related climate change: The airport proprietor's role in reducing greenhouse gas emissions," Article by Dan Reimer and John Putnam, Kaplan Kirsch and Rockwell LLP,
July 31, 2007
City and County of Denver Greenhouse Gas Inventory, May 2007
Airports Council International (ACI) Policy on Climate Change, November 2006
Sacramento County Department of Environmental Review and Assessment, Greenhouse Gas Emissions Inventory for Sacramento County (2009), available at:
http://www.airquality.org/climatechange/SAC_GHG_InventoryJune09.pdf
Westchester County Airport, Westchester County Airport Air Emissions Inventory (2008),
available at: http://www.westchestergov.com/jairport/pdfs/air_emissions_inventory.pdf
Aspen-Pitkin County Airport Greenhouse Gas Emissions Inventory 2006, April 3, 2008
City and County of Denver Greenhouse Gas Inventory, May 2007
"CEQA and Climate Change: Addressing Climate Change Through California Environmental Quality Act (CEQA) Review," Technical Advisory by the California Governor's Office of Planning and Research, June 19, 2008
"The California Environmental Quality Act Addressing Global Warming Impacts at the Local A1gency Level," Office of California Attorney General Brown, May 21, 2008
"Petition Requesting that the Council on Environmental Quality Amend its Regulation to Clarify that Climate Change Analyses be Included in Environmental Review Documents," Int'l Center for Technological Assessment, February 28, 2008
"CEQA and Climate Change: Evaluating and Addressing Greenhouse Gas Emissions from Projects Subject to the CEQA," White Paper by the California Air Pollution Control Officers, January 2008
Settlement Issues with California's Attorney General regarding the inclusion of Climate Change in CEQA documents:
"Alternative Approaches to Analyzing Greenhouse Gas Emissions and Global Climate Change in CEQA Documents," White Paper by the Association of Environmental Professionals, June 19, 2007
U.S. House of Representatives Proposes Legislation to Prohibit U.S. Air Carrier Participation in the European Union's Emissions Trading Section, H.R. 2594, 112th Cong. (2011-2012)
Airline Maneuvers Intensify as E.U. Cap on Jet Emissions Looms, New York Times, May 31, 2011
Common Position of the European Commission concerning Emissions Trading Scheme (ETS),
April 22, 2008
Directive of the European Union to include aviation activities in the scheme for greenhouse gas emission allowance trading (ETS), April 18, 2008
"Voluntary Emissions Trading (VETS) for Aviation," ICAO Report, 2007
Draft Transportation Research Board Climate Change Paper, J. Putnam, H. Aylesworth, and M. Vigilante, October 1, 2007
ICAO Working Paper "Airports and the Environment," presented by the Airports Council International (ACI), August 30, 2007
"ICAO Workshop on the Impacts of Aviation on Climate Change," Committee on Aviation Environmental Protection (CAEP) Seventh Meeting, February 2007
"Aviation Climate Change Research Initiative (ACCRI): A Coordination between FAA and NASA," Presentation by Mohan Gupta and Lourdes Maurice, to the NASA Applied Science Program, January 31, 2007
"A Report of Findings and Recommendations," JDPO/PARTNER Workshop on the Impacts of Aviation on Climate Change, August 31, 2006
"Well to Wake: Life-Cycle Environmental Analyses," J. Hileman, H.M. Wong, P. Donohoo, M. Weiss, and I. Waitz, Massachusetts Institute of Technology, Presentation at 2008 TRB Annual Meeting
"Model for Improving Energy Use in U.S. Airport Facilities," Airport Cooperative Research Program, December 2007
"Commercial Aviation Alternative Fuels Initiative (CAAFI) - Supporting Solutions for Secure and Sustainable Aviation," Organization Fact Sheet
Santa Monica Municipal Airport, Carbon Offset
"Carbon Neutrality and You," Eric Carlson, CarbonFund.org, Presentation at 2008 TRB Annual Meeting
"Commercially Available Carbon Offsets," Mary Vigilante, Synergy Consultants, Inc., January 15, 2008, Presentation at 2008 TRB Annual Meeting
"Carbon Offsets 101," Anja Kollmuss, Stockholm Environment Institute, Presentation at 2008 TRB Annual Meeting
"Calculating the Carbon Dioxide Emissions of Flights," Dr. Christian N. Jardine, University of Oxford, Environmental Change Institute
