On 9 October 2018, the Civil Division of the The Hague Court of Appeal in the Netherlands has delivered its judgment on the appeal of the ‘Urgenda case’ The Court imposed an order to act on the Dutch government to adjust its policy from 20% to achieve a 25% emission reduction by 2020, compared to 1990 levels (paras 51 and 75). The judgment confirmed the initial ruling in favour of Urgenda in 2015.[i] The consequences for Dutch climate, energy and environmental policy and potentially for climate mitigation efforts worldwide are potentially far-reaching, regardless of possible further appeals by the Dutch government. This ruling raises important questions with respect to the interpretation of Dutch and European Union law, their interrelationship, and possible transferability to other national jurisdictions. In this Commentary, we discuss these issues in turn, starting with a brief synthesis of the judgment.
The next step in the ongoing saga of applying the EU Emissions Trading Scheme (EU ETS) to the airline industry came this week, as the European Commission partially activated the Single Union Registry for aircraft.
All aircraft operators subject to the EU ETS will be required to open accounts in the registry, through which they will receive permits and report their annual emissions. The first batch of allowances will be credited to each aircraft operator by 28 February 2012, with the first reporting requirement due by March 2013.
A number of third countries continue to resist the extension of the EU ETS to airlines, and it remains to be seen whether they or their airline industries will follow through on threats not to comply with the EU’s new rules. Stay tuned!