Class Action Lawsuit Takes Aim At Delta Air Lines" Carbon Pledge

The airline's pledge is accused to be incredibly false and misleading.


Photo: Leonard Zhukovsky | Shutterstock

Legal troubles could be on the horizon for Delta Air Lines as it faces a new lawsuit over its major carbon neutrality claim, which the complainants believe is positively false and misleading to the public and does not contribute as much to the environment as the airline has painted to seem in its advertisements.

Delta's carbon neutrality claim

Back in 2019, the global aviation industry experienced a turbulent year of flight-shaming campaigns and heated arguments about its disastrous impact on the environment. Then a year later in February 2020, Delta Air Lines braved forward, intending to navigate a new sustainable course toward a de-carbonized future for the aviation industry.

To help with its intentions, the Atlanta-based carrier pledged to invest about USD 1 billion over the next decade to become the world's first-ever carbon-neutral airline across its entire global operation. At that time, Chief Executive Officer Ed Bastian highlighted:

"It's a big challenge, and it's a big commitment. There's no greater challenge that I know of that we need to be investing in and innovating in as environmental sustainability, and it is our responsibility to deliver on our promise to bring people together and ensure the utmost care for our environment."

Delta Air Lines promised to cap its overall emissions at 2012 levels as part of its pledge. Although the airline had tried purchasing over 16 million carbon offsets at that point, it was also taking some more substantial steps - such as an ongoing fleet renewal to house more fuel-efficient aircraft like the Airbus A220-300 and A330neo, installing wireless in-flight entertainment systems, and trying to reduce the weight of aircraft to save more fuel.

Efforts have also been made to recycle onboard waste, remove single-use plastics onboard flights and in Delta Sky Clubs, and innovative technological work with various companies to develop, produce, and potentially utilize more Sustainable Aviation Fuels (SAFs) for aircraft deliveries and scheduled flights. According to the airline at the time, such tangible efforts, when and where possible, have improved fuel efficiency by about 5.3%.

Complainants are skeptical of such claims

While such said efforts by Delta Air Lines appear applaudable, a few would disagree - such as the complainants who filed the lawsuit in California, although not much is known about them at this time of writing. But according to the class-action lawsuit, the complainants alleged that the airline's massive USD 1 billion carbon neutrality claim stated is entirely false.

The complainants claim the SkyTeam alliance member is still relying heavily on carbon offsets that do little to nothing to alleviate its environmental impact. The lawsuit also alleges that passengers would have purchased Delta Air Lines tickets thinking they did not affect the environment. Krikor Kouyoumdjian, a partner with the lawsuit's representing legal firm Harderlein and Kouyoumdjian LLP, emphasizes:

"The language carbon neutral is so provocative. When I hear ‘carbon neutral’, I think you’re not doing anything wrong; you’re not hurting the environment in any way. It’s like you don’t exist. That’s what the words mean to any rational person: that we can participate in your business without any guilt."

And in reality, it's assumed in the lawsuit that these passengers would have probably not bought the tickets if not for the bold carbon neutrality claim. As such, the complainant accuses the airline of stating such claims with no intentions other than marketing and advertisement, profiting from the market premium for aviation sustainability while misleading the public.

Bottom line

As per the complainants, their desired outcome of this lawsuit is for Delta Air Lines to drop its carbon neutrality pledge and instead explain the full scale of pollution that its business causes. Albeit the airline has yet to respond with a comment at this time of writing, it's safe to assume that it likely will not be heeding that particular outcome.