The federal district court for the District of Maryland held that the Airline Deregulation Act (ADA) preempted a plaintiff’s climate washing claims against United Airlines, Inc. (United). The plaintiff asserted a claim under the Maryland Consumer Protection Act (MCPA) and a common law fraud claim (later withdrawn), alleging that he paid more to fly on United because the company was committed to reducing the impacts of flying, including by using sustainable aviation fuel. He alleged he would not have paid more had he known that only .025% of United’s fuel supply was SAF and that SAF still emits carbon dioxide and other pollutants. The court “easily” concluded that the MCPA claim related to United’s provision of transportation services and was therefore preempted by the ADA. The court further concluded that the claim should be dismissed with prejudice because “the deceptive provision of services is the heart of the claim,” and the plaintiff would not be able to amend the claim to escape dismissal. 

Greenwashing class action lawsuit alleging that United Airlines misrepresented its environmental initiatives.

Zajac v. United Airlines, Inc.

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Federal Court Said Airline Deregulation Act Preempted Climate Washing Claims Against Airline

Filed

United States of America

Maryland

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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

A loan is a policy instrument where funds are provided to a borrower with the expectation of repaying the principal plus interest.

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

A long-lived, colourless gas, chiefly emitted from fossil fuel combustion, deforestation and cement production.

Actions to reduce emissions in energy generation and supply.

Energy derived from biological compounds that are renewable due to their short life cycle within the carbon dioxide cycle.

Fossil gas, commonly known as natural gas, is a fossil fuel consisting chiefly of methane with smaller amounts of other hydrocarbons and trace gases, found in underground deposits.

This sector involves activities to move goods and people, alongside the storage of products.

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

Any substance with chemical properties that can cause physical harm to people or damage the environment, including ammonia, carbon monoxide, phosphine, chlorine, arsenic, cadmium, mercury, pesticides, dioxins, microplastics, benzene, asbestos, aflatoxins, fluoride, methanol, and toxins from marine sources.

Federal Court Said Airline Deregulation Act Preempted Climate Washing Claims Against Airline

Target

Policy instrument

Risk

Renewable energy

Fossil fuel

Greenhouse gas

Economic sector