Climate 411

CORSIA: No, the ICAO Council can’t legally change CORSIA’s rules

ICAO building, Montreal

In March 2020 the International Air Transport Association (IATA) wrote to the 36-member Governing Council of the International Civil Aviation Organization (ICAO) requesting that the Council re-write the rules of ICAO’s flagship Carbon Offsetting and Reduction Scheme for International Aviation (CORSIA). CORSIA requires airlines to offset their carbon emissions above the average of 2019-2020 emissions.

Citing the unexpectedly low aviation emissions due to the tragedy of the COVID-19 pandemic, which could result in an increase in offset obligations at such time as air travel emissions increase above this average level, IATA wants the ICAO Council to change the emissions baseline to 2019 only. They argue that implementing CORSIA with the 2019-2020 emissions baseline, as originally written, would impose an “inappropriate economic burden on international aviation.”

The request is ironic: In an effort to lure back customers, airlines are publicly touting their commitments to reducing emissions – including to carbon offsetting. But behind the closed doors of the ICAO Council, they’re pushing a re-write that would give them a free pass to escape offsetting requirements for three to five years or more, according to analyses by EDF and other experts.

The request for a hasty re-write raises an important legal question. Does the ICAO Council have the legal authority to change a decision of the ICAO Assembly? It appears that while the Council could, at the current session, recommend that the ICAO Assembly change the baseline, ICAO’s Council lacks the legal authority to undertake this change itself. Below we review (a) the legal authority of the Assembly; (b) the legal authority of the Council; and (c) the legal character of the CORSIA baseline and Council’s authority in light of that legal character.

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Posted in Aviation, Carbon Markets, United Nations / Comments are closed

CORSIA: 5 reasons why the ICAO Council shouldn’t move now to rewrite the rules of its aviation climate program

Airplane, jumbojet on runway preparing for takeoff at sunset at the airport. iStock

The International Civil Aviation Organization’s (ICAO) Council is meeting through June 26, and Council members have been asked to make a decision at this session that could undermine the agency’s flagship climate program.

ICAO’s Carbon Offsetting and Reduction Scheme for International Aviation (CORSIA) requires airlines to offset emissions above a baseline set at the average of 2019-2020 emissions. However, the International Air Transport Association has asked the ICAO Council to change the baseline to reflect only 2019 emissions, citing the unexpectedly low aviation emissions in 2020 due to COVID-19 and concomitant potentially greater offset requirements for the industry.

Airlines have taken a massive hit due to the pandemic. They argue that they need to escape CORSIA requirements to save money. But hastily rewriting the fundamental structure of the industry’s market-based program to address airline carbon emissions would be penny-wise and future-foolish. Even as airlines are publicly touting their commitment to “sustainability measures like carbon offsetting,” the rule rewrite they are seeking behind the closed doors of the Council would give them a free pass to pollute with no offsetting requirements for three to five years or more, according to analyses by Environmental Defense Fund and other experts.

EDF is calling on the ICAO Council not to move now to change the rules of CORSIA. Deciding, at this Council session, to change the baseline year for CORSIA to 2019-only:

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Posted in Aviation, Carbon Markets, News, United Nations / Comments are closed

Western Climate Initiative auction results show resilience of cap and trade and benefit of long-term climate investment strategy

Yosemite National Park, California. iStock.

The results of the latest joint California-Quebec cap-and-trade auction were released today. As expected, the auction was significantly undersubscribed, something not seen since February 2017. The low revenue from this auction points to a need for California to develop a diversified, long-term strategy to fund critical climate programs, even as the state works to balance many important fiscal priorities. At the same time, the resilience of the cap and trade program even during periods of instability provides a critical backstop, ensuring California’s targets for reductions in climate pollution are achieved.

Here’s a quick recap of the results:

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Posted in California, Carbon Markets / Comments are closed

Hurricanes are getting stronger, more dangerous and forming earlier. Here’s how we can prepare.

(This post originally appeared on EDF’s Growing Returns. It was written by

Last week, Tropical Storm Arthur skirted North Carolina’s coast before veering into the Atlantic. While damage was minimal, this marked the sixth straight year that a named storm developed in the Atlantic before the official start of hurricane season on June 1.

Experts are predicting this year to be a very active hurricane season, and even more concerning, researchers from NOAA and the University of Wisconsin at Madison just released a study that found climate change is causing more intense and dangerous hurricanes. Their research indicates that the likelihood of a tropical cyclone becoming a Category 3 or stronger storm has increased 8% per decade as a result of climate change.

This news comes on the heels of several record-breaking hurricane seasons. It is a reminder of the urgent need to curb emissions to limit the worst impacts of climate change, while also working to build resilience to the changes we know are coming.

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CORSIA: Industry-sought rule change threatens aviation climate program

https://www.pexels.com/photo/silhouette-of-airplane-during-sunset-99567/

Silhouette of Airplane during Sunset. Pixels.com

The coronavirus pandemic has created a global health and economic crisis that has affected families all over the world and nearly all industries, with aviation taking a particularly steep toll.

Airlines may feel under pressure to save money at any cost, but hastily rewriting the fundamental structure of the industry’s flagship market-based program to address airline carbon emissions would be penny-wise and future-foolish.

In a new analysis by Environmental Defense Fund, we look at the implications of a rule rewrite sought by the International Air Transport Association (IATA) to the Carbon Offsetting and Reduction Scheme for International Aviation, or CORSIA.

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Posted in Aviation, Carbon Markets, International, United Nations / Comments are closed

The Trump administration’s air toxics loophole would intensify environmental injustice

(Some statistics in this post were corrected on June 24, 2021)

One of the most disturbing aspects of the new coronavirus crisis is that people already struggling with underlying respiratory conditions seem to be at greater risk. This means that vulnerable communities already bearing the brunt of the health harms from dangerous pollution may suffer even more.

Yet the Trump administration has spent the last few weeks racing to roll back policies that safeguard the air we breathe. These rollbacks often impact vulnerable communities the most as well.

One such roll back is the proposed air toxics loophole, which would allow thousands of large industrial facilities nationwide to evade pollution controls and emit more toxic air pollution. In a previous post, we presented analysis of EPA’s own data indicating that the loophole could lead to an increase in emissions of hazardous air pollutants like benzene and mercury by over 49 million pounds across 48 states. We’ve now done further analysis and found that the facilities likely to increase toxic air pollution under this loophole are disproportionately located in vulnerable communities – leading to increased exposure to these dangerous pollutants for heavily minority and low-income neighborhoods.

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Posted in Cities and states, Clean Air Act, Health, Policy / Comments are closed