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Judge: Delta, Alaska Air Must Face Class-Action Lawsuit Alleging Pollution at Sea-Tac Airport


— December 1, 2024

“When planes take off and land from Sea-Tac Airport, the jet fuel they burn spews pollutants into the atmosphere,” the lawsuit states. “Particulate matter can also flake off from the bodies of the airplanes themselves during flight, further contaminating the surrounding environment.”


A class-action lawsuit accuses Alaska Air Group and Delta Air Lines of polluting the environment around Seattle-Tacoma International Airport.

According to FOX Business, attorneys for the class claim that the pollution has caused physical harm, death, and property damage throughout the region. The lawsuit further identifies and characterizes the five-mile area surrounding the airport as a massive “contamination zone.”

Since the two defendants “operate about 80% of flights at Sea-Tac Airport, [they have caused] most of the pollution,” the lawsuit says.

The class action, notes FOX Business, was originally filed in April of last year.

“When planes take off and land from Sea-Tac Airport, the jet fuel they burn spews pollutants into the atmosphere,” the lawsuit states. “Particulate matter can also flake off from the bodies of the airplanes themselves during flight, further contaminating the surrounding environment.”

The lawsuit indicates that many of the people most affected by the defendants’ alleged contamination are low-income or otherwise socioeconomically vulnerable.

An Alaska Airlines Boeing 737 MAX 9. Image via Flickr/user:bosshep. Public domain. (source:https://www.flickr.com/photos/bosshep/53041004958/).

“‘Defendants have long known about the injustice of this disparate impact on Sea-Tac area communities,’” the complaint alleges, quoting an earlier version of the lawsuit. “Defendants have long known at least since 2021 … that their actions created a de facto Contamination Zone around the airport, making people sick and exposing them to greater risk of disease than normal. But despite this knowledge, and despite pleas from local residents, Defendants have ignored the consequences of their actions and have not addressed the problem.”

“In fact,” the lawsuit says, “Defendants have recently expanded their operations at Sea-Tac, raking in profits at the expense of the health and lives of families living in the Contamination Zone.”

Earlier this week, the lawsuit survived a pre-trial motion filed by Alaska Air Group and Delta Airlines, which had moved the federal court overseeing the case for a dismissal.

In the motion, the airlines said that the class’s claims—all predicated on alleged violations of state law—are baseless, as only the Federal Aviation Administration and the Environmental Protection Agency have the authority to regulate flight paths, runway locations, the design of aircraft and aircraft engines, and aircraft emissions.

However, U.S. District Judge Jamal Whitehead said that the companies erred by assuming that they are complying with federal regulations.

“Ultimately, the court cannot decide whether the airline defendants have complied with FAA and EPA orders on this record,” Whitehead wrote in his decision. “That would require the court to make factual determinations.”

Delta has since told Reuters that, though it does not comment on pending litigation, is “carefully reviewing the court’s ruling and next steps.”

Sources

Alaska Air, Delta must face lawsuit over Seattle airport pollution

Alaska Air, Delta targeted in Seattle airport pollution lawsuit

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE

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