GHG Mitigation under the Clean Air Act

GHG Emissions Standards for Aircraft

Section 231 of the Clean Air Act instructs EPA to periodically propose emission standards for classes of aircrafts for any pollutant which EPA has determined causes or contributes to air pollution and may reasonably be anticipated to endanger public health or welfare. In 2016, EPA made a finding that GHGs from airplanes cause or contribute to air pollution and are reasonably anticipated to endanger public health or welfare. 81 Fed. Reg. 54,422 (Aug. 15, 2016).

On January 11, 2021, EPA issued a final rule establishing GHG emissions standards for certain classes of aircraft engines. 86 Fed. Reg. 2,136 (Jan. 11, 2021). The standards are equivalent to airplane carbon dioxide standards adopted by the International Civil Aviation Organization (ICAO) in 2017. (See California v. EPA in “Litigation” below.)

Litigation

Challenge to 2021 Standards - California v. EPA

On January 15, 2021, twelve states and the District of Columbia challenged the 2021 rule in the D.C. Circuit Court of Appeals. On February 17, 2021, the court granted EPA’s motion to hold the cases challenging the GHG standards for aircraft in abeyance while EPA reviews the standards pursuant to Executive Order 13990. On November 15, 2021, the EPA filed a joint motion announcing that, since it had decided not to alter the January 11, 2021 rule, all parties agreed that the abeyance should be lifted and that the challenge should proceed on the merits. On June 30, 2023, the court issued an opinion upholding the standards.

Biden Administration (2021-2024)

On January 11, 2021, EPA issued a final rule establishing GHG emissions standards for certain classes of aircraft engines. 86 Fed. Reg. 2,136 (Jan. 11, 2021). The standards are equivalent to airplane carbon dioxide standards adopted by the International Civil Aviation Organization (ICAO) in 2017. (See California v. EPA in “Litigation” below.)

Litigation

Challenge to 2021 Standards - California v. EPA

On January 15, 2021, twelve states and the District of Columbia challenged the 2021 rule in the D.C. Circuit Court of Appeals. On February 17, 2021, the court granted EPA’s motion to hold the cases challenging the GHG standards for aircraft in abeyance while EPA reviews the standards pursuant to Executive Order 13990. On November 15, 2021, the EPA filed a joint motion announcing that, since it had decided not to alter the January 11, 2021 rule, all parties agreed that the abeyance should be lifted and that the challenge should proceed on the merits. On June 30, 2023, the court issued an opinion upholding the standards.