Of Counsel Tim Pohle (Washington, DC) recently spoke with E&E News about the implications for the aviation industry following the U.S. Environmental Protection Agency's (EPA) rescission of its Greenhouse Gas (GHG) Endangerment Finding and motor vehicle standards. As B&D explained in a client alert, this EPA action, taken under Section 202(a)(1) of the Clean Air Act (CAA), does not affect the agency's separate endangerment finding for aircraft engines under Section 231.
In "EPA dropped climate rules for cars and trucks. What about planes?," E&E News reported that although the aircraft endangerment finding remains in place, "the repeal of the vehicle endangerment finding is raising fresh questions about how EPA can justify regulating climate pollution from one part of the transportation sector but not the other."
Under the Chicago Convention, aircraft must meet internationally established standards, including emissions standards, to fly or be sold internationally. The United Nation's International Civil Aviation Organization (ICAO) establishes those standards.
Tim, who previously served as Vice President of Environmental Affairs at Airlines for America (A4A), emphasized the importance of international alignment: "To function properly, the international aviation system needs uniform standards that have been agreed to internationally through ICAO with U.S. approval." EPA highlighted this consideration in its Response to Comments, noting "Section 231 rulemakings have to contend with international treaty obligations and consider global issues like exports, which is an entirely different set of factors and analysis that exists under CAA Section 202(a)(1)."