December, 21 2011, 03:05pm EDT
For Immediate Release
Contact:
Tim Johnson, Aviation Environment Federation (UK), +44 (0) 7710 381742, tim@aef.org.uk
Vera Pardee, Center for Biological Diversity (USA), +1-858-717-1448, vpardee@biologicaldiversity.org Â
Martin Wagner, Earthjustice (USA), +1-415-217-2000, mwagner@earthjustice.org
Jennifer Andreassen, Environmental Defense Fund (USA), +1-202-288-4867, jandreassen@edf.org
Bill Hemmings, Transport & Environment (BE), +32 (0) 487 582706, bill.hemmings@transportenvironment.orgÂ
George Smeeton, WWF-UK (UK), +44 (0)1483 412 388, Mob: +44 (0)7917 052 948, GSmeeton@wwf.org.uk
Environmental Groups Hail Historic Court Decision Upholding European Law to Curb Airplane Pollution, Address Climate Change
A transatlantic coalition of environmental groups today applauded the decision of Europe's highest court to uphold the European Union law to reduce carbon pollution from airplanes. The decision, from the Court of Justice of the European Union, affirms that the EU law is fully compliant with international law.
WASHINGTON
A transatlantic coalition of environmental groups today applauded the decision of Europe's highest court to uphold the European Union law to reduce carbon pollution from airplanes. The decision, from the Court of Justice of the European Union, affirms that the EU law is fully compliant with international law.
The EU Aviation Directive, the world's only mandatory program to address emissions from aviation, will take effect in January 2012. Today's decision is the suit's final ruling in the Court of Justice, and the case will now return to the UK High Court, where airlines had originally brought the suit challenging UK regulations implementing the law . The UK High Court will implement the recommendations of the Court of Justice ruling.
"Today's decision, from the highest court in the European Union, makes clear Europe's innovative law to reduce emissions from international flights is fully consistent with international law, does not infringe on the sovereignty of other nations, and is distinct from the charges and taxes subject to treaty limitations," said the coalition.
The court's decision makes clear that existing law bars precisely the discriminatory treatment of airlines that the United States and others are calling for, and that the US-EU Open Skies Agreement specifically provides for this type of action when pursued for environmental purposes. The decision also finds that the equivalent measures provision of the Aviation Directive "corresponds precisely" to the objectives of ICAO Resolution A37-19 regarding interaction of market-based measures.
The coalition's six participants include three U.S.-based groups (Center for Biological Diversity, Earthjustice, and Environmental Defense Fund) and three European groups (Aviation Environment Federation, Transport & Environment, and WWF-UK). All six groups are intervenor-defendants in the litigation, and were represented by Kate Harrison of Harrison Grant and Jon Turner and Laura John of the Monckton Chambers.
BACKGROUND
Europe's Aviation Directive, which includes aviation emissions within the European Emissions Trading System (EU ETS) from Jan. 1, 2012, is a pioneering law that holds airlines accountable for their emissions associated with their commercial flights into or out of EU airports. Aviation is one of the fastest-growing sources of greenhouse gas emissions, rising 3 percent to 4 percent per year. Until now, the sector has escaped regulations that would require emissions reductions.
Three U.S. airlines -- United/Continental and American -- and their trade association, Air Transport Association of America (now known as Airlines for America), challenged the legality of Europe's aviation emissions trading system. In October, an advocate general - a senior legal advisor appointed by the Court of Justice of the European Union - issued a formal recommendation to the court supporting the legality of the EU law. The 13-judge Grand Chamber has been deliberating the case since the Advocate General's opinion was released Oct. 6.
QUOTES
Tim Johnson, director of the Aviation Environment Federation said:
"The Court's finding reinforces the EU's stance on finding a cost effective way of addressing the aviation's significant and growing contribution to climate change. We hope that the focus will now shift away from obstructing its progress on the eve of its introduction and examine how such regional initiatives can form the building blocks of a global agreement."
Vera Pardee, senior attorney at Center for Biological Diversity said:
"We applaud this decision and the EU's resolve against international pressure tactics. Until now, the airlines have sabotaged every effort to curb their greenhouse gas emissions, including introducing bills in the U.S. Congress that threaten to derail international aviation via global trade wars simply to avoid the EU permitting system. The industry should end its obstruction of common-sense measures to reduce greenhouse gas pollution."
Martin Wagner, managing attorney at Earthjustice said:
"This is an important victory for the planet. U.S. aircraft emissions account for nearly half of worldwide carbon dioxide from aircraft; that amount is expected to triple by mid-century. But the U.S. airline industry has fought to avoid playing its part in preventing runaway climate change. With U.S. airlines shirking their duty, Europe has had to take the lead. The airline industry should now pressure the U.S. government to level the playing field by imposing equivalent restrictions on aircraft pollution in the United States."
Annie Petsonk, international counsel at Environmental Defense Fund said:
"It is high time airlines actually live up to their green claims, and comply with the EU law, which will cut pollution and spark low-carbon innovation. Americans invented the airplane, now it's time for us to create climate-friendly skies. The EU's leadership challenges U.S. airlines to take charge and deliver to the flying public clean and green air travel."
Bill Hemmings, programme manager of Transport & Environment said:
"With the EU-ETS cleared for take-off, the aviation industry has just 10 days left to draw up a new flight plan. The news for airlines? The European Court has written your New Years' resolution for you: 'We agree to join other responsible industries and start polluting less.' "
"In this season of goodwill to all men, we hope the airline industry will stop sending their lawyers to ruin everyone's Christmas and start taking climate change seriously."
###
Keith Allott, head of climate change at WWF-UK said:
"Today's verdict is a victory for European law and environmental leadership. The Scrooges who have claimed that it is illegal to include international airlines in the ETS have been proved wrong. We hope that aviation industry lobbyists will now divert their energies into securing an ambitious global agreement to tackle the sector's soaring emissions rather than trying to tear down the ETS, one of the few building blocks we have. The EU can now press ahead with implementing the scheme, and European governments must deliver on the aim that ETS revenues should be ring-fenced for action on climate change in developing countries. That would be a real win-win and the best Christmas present of all."
About Aviation Environment Federation
AEF is the UK's only environmental organization dedicated solely to addressing the aviation sector's environmental impacts. Established in 1975, AEF's members include the communities living around the UK's airports and environmental organisations. www.aef.org.uk
About the Center for Biological Diversity
The Center for Biological Diversity is a national, nonprofit conservation organization with more than 320,000 members and online activists dedicated to the protection of endangered species and wild places. www.biologicaldiversity.org
About Earthjustice
Earthjustice is a non-profit public interest law firm dedicated to protecting the magnificent places, natural resources, and wildlife of this earth, and to defending the right of all people to a healthy environment.
About Environmental Defense Fund
Environmental Defense Fund (edf.org), a leading national nonprofit organization, creates transformational solutions to the most serious environmental problems. EDF links science, economics, law and innovative private-sector partnerships. See twitter.com/EnvDefenseFund; facebook.com/EnvDefenseFund; edf.org/ClimateTalks
About Transport & Environment
Established in 1990, Transport & Environment (T&E) has grown to become the principal environmental organisation campaigning on sustainable transport at the EU level in Brussels.
Our primary focus is on European transport and environmental policy but our work in Brussels is supported by around 50 member organisations working to promote an environmentally sound approach to transport across Europe.
About WWF-UK
WWF is one of the world's largest independent conservation organizations, with more than five million supporters and a global network active in more than one hundred countries. We're working to create solutions to the most serious environmental issues facing our planet, so that people and nature can thrive. Through our engagement with the public, businesses and government, we focus on safeguarding the natural world, tacking climate change and changing the way we live.
In 2011, WWF's 50th anniversary year, we are celebrating what we have achieved so far together, and are positive about tackling the challenges of the future. Find out more about our work, past and present at www.wwf.org.uk
At the Center for Biological Diversity, we believe that the welfare of human beings is deeply linked to nature — to the existence in our world of a vast diversity of wild animals and plants. Because diversity has intrinsic value, and because its loss impoverishes society, we work to secure a future for all species, great and small, hovering on the brink of extinction. We do so through science, law and creative media, with a focus on protecting the lands, waters and climate that species need to survive.
(520) 623-5252LATEST NEWS
Republicans Funded by Arms Industry Fume Over Biden Threat to Withhold Bombs From Israel
"What did we do after we were attacked in Pearl Harbor?" asked Sen. Lindsey Graham. "We dropped two nuclear weapons on two Japanese cities."
May 09, 2024
Congressional Republicans funded by the arms industry lashed out Wednesday over U.S. President Joe Biden's belated threat to withhold American weaponry from Israel if it launches a full-scale ground invasion of the Gaza city of Rafah, which is currently facing a humanitarian nightmare.
Sen. Lindsey Graham (R-S.C.), who received hundreds of thousands of dollars in campaign donations from pro-Israel interests and the weapons industry during his 2020 reelection campaign, declared that Biden's threat "put our friends in Israel in a box."
"What did we do after we were attacked in Pearl Harbor?" Graham, who previously encouraged Israel to "level" Gaza, said in a Fox News appearance late Wednesday. "We dropped two nuclear weapons on two Japanese cities... What is Joe Biden doing? He's making it impossible for allies throughout the world to trust us, he's making it hard on Israel to win."
Lindsey Graham: What do we do after we were attacked in Pearl Harbor? We dropped nuclear weapons on Japanese cities pic.twitter.com/kh7RU4flDw
— Acyn (@Acyn) May 9, 2024
Sen. Tom Cotton (R-Ark.) echoed Graham, falsely claiming that Biden has "imposed an arms embargo on Israel" and endorsed "a Hamas victory against Israel." Lockheed Martin, one of the world's biggest weapons manufacturers and a major beneficiary of Israel's war on Gaza, was the fourth-largest contributor to Cotton's campaign committee in 2020, the last time the senator ran for reelection.
The notion that Biden's threat to withhold future weapons deliveries to Israel undercuts the country's ability to assail Gaza was contradicted by a U.S. official who toldThe Washington Post that "the Israeli military has enough weapons supplied by the U.S. and other partners to conduct the Rafah operation if it chooses to cast aside U.S. objections."
Earlier this week, numerous media outlets reported that the Biden administration opted to delay a shipment of thousands of Boeing-made bombs over concerns about Israel's impending assault on Rafah. On Tuesday, Israeli ground forces entered Rafah and seized control of the city's border crossing with Egypt, imperiling humanitarian aid operations there.
Biden, who has approved more than 100 weapons sales to Israel and billions of dollars in additional aid since the October 7 Hamas-led attack, falsely said Wednesday that Israeli forces "haven't gone in Rafah yet," raising questions over the practical implications of his threat to withhold U.S. weapons in the case of a ground invasion.
But Republicans nevertheless fumed over Biden's approach, showing no concern for the humanitarian catastrophe that Israel's military—armed to the teeth with American weapons—has inflicted on Gaza.
In a letter to the president on Wednesday, House Speaker Mike Johnson (R-La.) and Senate Minority Leader Mitch McConnell (R-Ky.)—both major recipients of arms industry cash throughout their careers—wrote that delaying weapons deliveries "risks emboldening Israel's enemies and undermining the trust that other allies and partners have in the United States."
Johnson and McConnell, along with most congressional Democrats, supported a sprawling foreign aid package last month that authorized around $17 billion in military assistance for Israel. Reutersreported that Lockheed Martin and RTX—formerly Raytheon—both "stand to profit" from the measure.
Raytheon's PAC donated $18,500 to McConnell's 2020 reelection campaign.
Contrary to the position of congressional Republicans, progressive foreign policy analysts and anti-war organizations said Biden would be adhering to U.S. law if he halts weapons deliveries to Israel. Section 620I of the Foreign Assistance Act of 1961 prohibits U.S. military assistance to any country that is impeding the provision of American humanitarian aid—something Israel has done repeatedly.
"Enforcing our laws and making clear that the U.S. will not transfer offensive weapons to support a disastrous military operation that endangers millions of Palestinians throughout Gaza is vital," Sara Haghdoosti, executive director of Win Without War, said in a statement Wednesday.
"U.S. law gives the president ample power to ensure that no more U.S. arms go to [Israeli Prime Minister Benjamin] Netanyahu's brutal war in Gaza," said Haghdoosti. "With a crucial cease-fire deal within reach, added pressure from the Biden administration can help end this war and create a path to a sustainable peace for people in Israel and Palestine. We once again urge the president to use every tool available to him to secure a cease-fire in Gaza and the release of all hostages."
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Biden 'Moving the Goal Post' With Threat to Withhold Bombs From Israel
"Now Israel has a green light to destroy Rafah in slow motion," said one critic.
May 08, 2024
While some Palestine defenders on Wednesday welcomed U.S. President Joe Biden's threat to withhold bombs and artillery shells from Israel if it launches a major invasion of Rafah, critics noted that an invasion is already underway and accused the American leader of walking back a previous "red line" warning against an Israeli assault on the southern Gaza city.
Biden said for the first time that he'll stop sending bombs, artillery shells, and other arms to Israel if Prime Minister Benjamin Netanyahu orders a major invasion of Rafah, where more than a million Palestinians forcibly displaced from other parts of the embattled Gaza Strip are sheltering alongside around 280,000 local residents.
Referring to Israel's use of U.S.-supplied 2,000-pound bombs—which can destroy an entire city block and have been used in some of the war's worst atrocities—Biden toldCNN's Erin Burnett that "civilians have been killed in Gaza as a consequence of those bombs and other ways in which they go after population centers."
Even the U.S. military—which has killed more foreign civilians than any other armed force on the planet since the end of World War II—won't use 2,000-pound bombs in urban areas. But Israel does, including when it launched a strike to assassinate a single Hamas commander by dropping the munitions on the Jabalia refugee camp last October, killing more than 120 civilians.
"If they go into Rafah, I'm not supplying the weapons that have been used historically to deal with Rafah, to deal with the cities," Biden said Wednesday.
Israeli forces have already gone into Rafah, and it was reported Tuesday that Biden was taking the unusual step of delaying shipments of two types of Boeing-made bombs to Israel to send a message to the country's far-right government. It was, however, a mixed message, as the president also earlier in the day reaffirmed his support for Israel's war on Gaza, which the International Court of Justice said is "plausibly" genocidal in a preliminary ruling in January.
Critics noted the shifting and subjective language used by Biden—who previously said that any Israeli invasion of Rafah would constitute a "red line" resulting in unspecified consequences.
"He said invading Rafah was a red line. Israel invaded Rafah anyway, bombing buildings, burning and crushing children to death," political analyst Omar Baddar said on social media. "Biden is now moving the goal post by adding a completely subjective descriptor: 'Major.' Now Israel has a green light to destroy Rafah in slow motion."
During the course of the seven-month Israeli assault on Gaza—which has killed, maimed, or left missing more than 124,000 Palestinians—Biden has said Israel has killed "too many civilians" with its "indiscriminate bombing," even as he's pushed for more and more military aid for the key ally.
Wednesday's interview came on the heels of Biden's approval of a $14.3 billion emergency military aid package to Israel, multiple moves to sidestep Congress to fast-track armed assistance, nearly $4 billion in previously authorized annual military aid, and diplomatic cover in the form of several United Nations Security Council vetoes.
Reporting that the Biden administration will delay a highly anticipated report on whether Israel is using U.S. military aid in compliance with international law also drew backlash Tuesday from human rights advocates.
Referring to Israel's U.S.-funded anti-missile system, Biden continued his supportive rhetoric during Wednesday's CNN interview, telling Burnett that "we're going to continue to make sure Israel is secure in terms of Iron Dome and their ability to respond to attacks."
But the president added that Israel's use of devastating weaponry against civilians is "just wrong," and that "we're not going to supply the weapons and artillery shells."
Some peace groups welcomed Biden's threat to withhold bombs and artillery shells from Israel, even while urging him to do more to stop his ally's genocidal onslaught.
"Biden's statement is as necessary as it is over overdue," Jewish Voice for Peace executive director Stefanie Fox said in a statement. "The U.S. already bears responsibility for months of catastrophic devastation: The nearly 40,000 Palestinians that the Israeli military has killed, the two million Palestinians being intentionally brought to the brink of famine, the decimation of all universities and almost every hospital in Gaza."
"Today's statement shows that Biden can no longer ignore the will of the majority of Americans who want a permanent cease-fire, release of all hostages, and an end to U.S. complicity in Israeli war crimes," Fox added.
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House Dems Save 'MAGA Mike' Johnson From Marjorie Taylor Greene Ouster
"The GOP chaos caucus continues to do nothing for the American people and instead waste time infighting," said Rep. Pramila Jayapal, who did not support saving the far-right leader.
May 08, 2024
The majority of Democrats and Republicans in the U.S. House of Representatives on Wednesday saved far-right Speaker Mike Johnson from Rep. Marjorie Taylor Greene's attempt to oust him after less than seven months in the leadership position.
Johnson's (R-La.) election to the role in October—following the ouster of former Speaker Kevin McCarthy (R-Calif.), who then left Congress early—was seen as a signal of the MAGA flank's hold on the Republican Party. However, since then he has faced criticism from Greene (R-Ga.) and others for, among other things, not shutting down the government.
Greene delivered on her threatened motion to vacate—provoking boos from fellow lawmakers—after meeting with Johnson for hours on Monday and Tuesday. The final vote to table her resolution was 359-43, with 196 Republicans and 163 Democrats backing the far-right speaker. Seven Democrats voted present and 21 lawmakers did not vote.
Ten Republicans joined Greene in trying to give Johnson the boot: Reps. Andy Biggs (Ariz.), Eric Burlison (Mo.), Eli Crane (Ariz.), Warren Davidson (Ohio), Paul Gosar (Ariz.), Thomas Massie (Ky.), Alex Mooney (W.Va.), Barry Moore (Ala.), Chip Roy (Texas), and Victoria Spartz (Ind.).
Addressing the position of most Democrats, House Minority Leader Hakeem Jeffries (N.Y.) said in a statement:
Our decision to stop Rep. Marjorie Taylor Greene from plunging the House of Representatives and the country into further chaos is rooted in our commitment to solving problems for everyday Americans in a bipartisan manner. We need more common sense and less chaos in Washington, D.C.
Marjorie Taylor Greene and the extreme MAGA Republicans are chaos agents. House Democrats are change agents. We will continue to govern in a reasonable, responsible, and results-oriented manner and to put people over politics all day and every day.
Some of the 32 Democrats who supported ousting Johnson framed the vote as proof that—in the words of Rep. Maxwell Alejandro Frost (Fla.)—the "GOP really can't govern" and the "chaos caucus is on display."
Congresswoman Pramila Jayapal (D-Wash.) similarly declared on social media that "the GOP chaos caucus continues to do nothing for the American people and instead waste time infighting."
"Speaker Johnson organized an amicus brief effort to overturn the 2020 election. He opposes abortion rights, trans rights, and voting rights," Jayapal also said. "That's why I did not vote to save his speakership."
Rep. Gerry Connolly (D-Va.) also explained his vote on social media, saying: "Mike Johnson is the most ideological, right-wing speaker since the 1830s. His views and values are directly antithetical to mine. He stands for everything we, as freedom-loving Democrats, proudly stand against. I will never vote to keep him in that chair."
Congressman Mark Pocan (D-Wis.) was one of the members who voted present, which does not count for or against passage.
"Did I vote with the extremist white Christian nationalist who called a motion to vacate the speakership or did I vote to save the extremist homophobic Christian nationalist speaker to keep him in office?" Pocan said. "Neither. I voted 'present' on this sideshow."
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