The Air Transport Association asked the European Court of Justice to "declare illegal" the application of the European Union's Emissions Trading Scheme

, scheduled to include non-E.U. carriers beginning in 2012. ATA argued that "in applying the trading scheme to non-E.U. airlines, the E.U. is violating customary international law and several treaty provisions ... As proposed, the E.U. ETS provisions would regulate an entire flight from across the United States to the E.U., even though the flight would be in E.U. airspace for only a tiny fraction of the journey." ATA expects the court to rule on its request as soon as the end of this year.