A class action lawsuit regarding pollution around Seattle-Tacoma International Airport
(SEA) named the Port of Seattle, Alaska Airlines, and Delta Air Lines as defendants. The plaintiffs, Cindy Codoni and Michelle Geer, allege that the pollution has negatively impacted them, and the airlines are to blame.
The lawsuit
The plaintiffs are mainly property owners within a five-mile radius of the airport, which they claim is the “Contamination Zone.” The zone is home to more than 300,000 residents.
Photo: VDB Photos | Shutterstock
They claim that pollution has caused physical harm, death, and property damage. The claims include negligence, battery, continuing intentional trespass, and public nuisance. The suit also claims that the pollution “caused by airplanes at Sea-Tac leads to hundreds of excess deaths in the Contamination Zone per year.”
According to Court Documents, the lawsuit proceeded after US District Judge Jamal Whitehead rejected the airlines’ motion for dismissal. Steve Berman, a lawyer for the firm filing the lawsuit, told Reuters that it is “a first step toward environmental justice for this class.”
According to the lawsuit, which was originally filed in April of last year, the plaintiffs have singled out 
Alaska Airlines
and 
Delta Air Lines
because they allegedly operate around 80% of the flights at the airport and, therefore, cause the most pollution. It alleges that the airlines have contaminated their land:
“…with dangerously high levels of pollution, including but not limited to levels of magnesium, aluminum, iron, copper, zinc, arsenic, silver, and lead at levels that exceed OSHA limits.”
Photo: Ian Dewar Photography | Shutterstock
In addition, it alleges the following:
- People living in the contamination zone are more likely to be hospitalized for asthma, chronic obstructive pulmonary disease (COPD), and heart disease than other King County residents.
- Babies born in the Contamination Zone are more often premature and have lower birthweights than those born elsewhere in the County.
- People in the zone have a shorter life expectancy at birth than other residents of King County.
- Residents of the zone also die more often from cancer, heart disease, and chronic lower respiratory disease.
Unfortunately, the population living in the contamination zone is likely to be racial minorities and members of low-income households, with more than 30% living at 200% below the federal poverty level. This has created a David versus Goliath narrative surrounding the lawsuit.
What does the defense say?
The airlines and the port authority argue that those state-law claims were barred because the Federal Aviation Administration ( FAA
) and Environmental Protection Agency (EPA) alone are authorized to regulate flight paths and runway locations, aircraft designs, engines, and emissions.
Photo: Joe Kunzler | Simple Flying
According to Judge Whitehead, an appointee of President Joe Biden, the airline’s arguments assume that the companies are in compliance with federal regulations, including EPA-approved emission standards. In his dismissal, he wrote:
“But ultimately, the court cannot decide whether the airline defendants have complied with FAA and EPA orders on this record. That would require the court to make factual determinations.”
It is unclear what the next steps will be for the airlines. Simple Flying has reached out to both Delta Air Lines and Alaska Airlines for statements on the matter.
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