The federal district court for the Southern District of New York granted the Dutch airline KLM’s motion to dismiss a putative class action claiming that KLM misled consumers who purchased airline tickets in reliance on allegedly “misleading promises of its commitment to adhere to the carbon emissions targets defined by the historic Paris Climate Agreement.” The plaintiff asserted causes of action for violations of New York and other states’ consumer fraud statutes, as well as claims for breach of contract and unjust enrichment. The court found that the plaintiff’s allegations regarding her injury—that she would not have purchased her airline ticket, or would not have paid as much for the ticket, absent KLM’s alleged misrepresentations—appeared not to be true based on evidentiary submissions from KLM that indicated that a third-party organization, not the plaintiff, had purchased the ticket and that the plaintiff could not have known which airline the organization would select for her travel. The court therefore found that the plaintiff lacked standing. The court further found that given the “demonstrably false allegations” in the complaint, sanctions against plaintiff’s counsel could be warranted pursuant to Rule 11(b) of the Federal Rules of Civil Procedure. The court granted the plaintiff leave to amend, “provided she has a good faith basis for doing so.”

Class action against Dutch airline KLM alleging that the airline made misleading statements to consumers regarding its commitment to meeting Paris Climate Agreement carbon emissions targets.

Dakus v. Koninklijke Luchtvaart Maatschappij, N.V.

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Federal Court Said Plaintiff Lacked Standing for Greenwashing Case Against KLM

Filed

United States of America

New York

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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

Financial support to help individuals manage the effects of unexpected events, securing their livelihoods and increasing the resilience of people and businesses to the changing climate. It’s especially vital in developing regions where everyday risks, climate-related weather extremes, or crop failures can push people into poverty. Without insurance, people may have to resort to selling assets or cutting consumption to cope with losses.

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

Either money or something of monetary value is transferred between two or more organisations, people or countries.

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

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.

This sector involves activities that impart knowledge and skills to individuals, including formal schooling, vocational training and educational support.

This sector includes firms and individuals offering specialised expertise in fields such as law, accounting, consulting, science and engineering.

Slow onset events evolve gradually from incremental changes over many years or from increased frequency or intensity of recurring events. As defined in the Cancun Adaptation Framework (2010), slow onset events include risks and impacts from rising temperatures, desertification, biodiversity loss, land and forest degradation, glacial retreat, ocean acidification, sea level rise, and salinization.

Federal Court Said Plaintiff Lacked Standing for Greenwashing Case Against KLM

Target

Policy instrument

Risk

Greenhouse gas

Economic sector

Finance