Climate Litigation: Targeting the Aviation Sector

Abstract

With climate litigation growing in importance, the aviation industry, as one of the most energy-intensive forms of consumption, has been also challenged. This article identifies five types of climate litigation concerning the aviation sector, and analyses two main arguments that have led to the dismissal of several types of cases. First, the courts have concluded that the Paris Agreement does not apply to international aviation and thus does not commit the parties to the Agreement to reduce emissions from this sector. The second argument for dismissal was the lack of the Paris Agreement’s direct effect, an argument that is raised mainly in the airport expansion cases, as these plans for expansions were often approved by the local authority. To date, only the so-called ‘climate-washing’ claims and the ‘climate-necessity’ defence cases have resulted in favourable outcomes with respect to climate action. The article notes that the climate-washing cases, including claims over carbon offsetting and fuel sustainability, are on the rise, thus drawing attention to the adequacy of the relevant regulatory instruments to ensure the decoupling of the industry from its CO2 emissions.