The federal district court for the Central District of California allowed a consumer plaintiff to proceed with claims for damages under the California Consumer Legal Remedies Act against  Delta Air Lines Inc. (Delta) for alleged misrepresentations that Delta was a carbon-neutral airline. The court found that there was a genuine dispute of material fact regarding whether the plaintiff relied on Delta’s carbon-neutral representations and suffered an economic injury from buying Delta flights in 2021 and 2022. The court further found, however, that because the plaintiff did not have current plans to fly Delta in the future and because Delta had pivoted from carbon-neutral advertising to a “net zero by 2050” goal, the plaintiff allege the imminent threat of future harm necessary to establish standing for injunctive relief under the CLRA. The court noted that the plaintiff had not pleaded Delta’s “net zero by 2050” representations in the operative complaint and that it therefore was not necessary to address whether there was genuine issue of material fact regarding the plaintiff’s standing regarding these representations. The court also denied Delta’s motion to strike a “sham declaration” submitted by the plaintiff in support of a motion for class certification. The court found that the declaration and the plaintiff’s deposition testimony did not clearly contradict each other on various issues raised by Delta regarding the plaintiff’s statements about her awareness and understanding of and reliance on the carbon-neutral representations. The court also declined to strike the plaintiff’s errata changes to the deposition transcript.

Greenwashing class action lawsuit alleging that Delta misrepresented itself as a carbon-neutral airline.

Berrin v. Delta Air Lines Inc.

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California District Court Allowed Damages Claim to Proceed Against Delta in Climate Washing Case

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An aim to achieve a quantifiable outcome within a given time-frame, set by an institution such as a national government.

Policy instruments are techniques or tools used by governing authorities to promote certain policies in order to achieve predetermined goals. Put simply, instruments are how a government tries to achieve its goals, with this taxonomy being focused on national policy instruments.

Risk is the potential for adverse consequences resulting from the dynamic interplay between (climate-related) hazards, exposure, and vulnerability of affected human or ecological systems.

Groups  of people who are adversely affected by climate change or the response to it

A set of principles, processes, and practices that build economic and political power to shift from an extractive economy to a regenerative economy.

Justice is the ethical and political framework that addresses fairness, including issues of responsibility, rights, and structural inequity.

Renewable energy means all forms of energy produced from renewable sources in a sustainable manner.

Fossil fuel is a generic term for non-renewable energy sources such as coal, fossil gas, and oil (including crude oil, and petroleum products), that can be used for electricity and heat generation. Fossil fuels are hydrocarbons formed from pressurised and heated organic material buried over millions of years.

Molecules in the atmosphere that play a key role in the greenhouse effect by trapping heat radiating from Earth’s surface.

Area of the economy in which actors engage in identical or related activities.

In human systems, the process of adjustment to actual or expected climate change and its effects, in order to moderate harm, increase resilience or exploit beneficial opportunities. In natural systems, the process of adjustment to actual climate change and its effects; human intervention may facilitate adjustment to expected climate change and its effects.

The management and allocation of funds, assets and investments to meet various objectives

Tradable permits are market-based tools that grant permission for specific activities, frequently used to regulate emissions. These permits can be issued within a trading system to manage environmental impacts.

A ban is a legal action that prevents the sale or supply of a product or service, or that recalls a product from the market. Examples are bans on SF6, greenwashing, fossil fuel advertisement or single-use plastics.

A target to reduce the prevalence of a greenhouse gas over a specific time frame

A commitment to balance GHG emissions with removal by a certain point in time, effectively reducing the net emissions to zero

This sector creates and distributes information and entertainment through television, radio, print, and digital platforms.

California District Court Allowed Damages Claim to Proceed Against Delta in Climate Washing Case

Target

Policy instrument

Economic sector