Delta Airlines Agrees to Pay $78.75 Million over Unnecessary Fuel Dump Incident in Los Angeles and Orange Counties

Delta Air Lines has reached a preliminary settlement of $78.75 million to resolve a class-action lawsuit over a 2020 fuel dump incident that affected tens of thousands of properties in Los Angeles and Orange counties, California. The proposed settlement, which is pending judicial approval, was filed in a federal court in Los Angeles this week.

The legal action stemmed from an incident on January 14, 2020, when Delta Flight 89, bound for Shanghai from Los Angeles with 167 passengers and crew, experienced a loss of thrust shortly after takeoff. In response, the pilots released approximately 15,000 pounds of jet fuel from a Boeing 777 to reduce the risks associated with an overweight emergency landing upon return to Los Angeles International Airport. Dozens of individuals on the ground sustained minor injuries as a result.

Property owners alleged that the fuel was unnecessarily discharged at a low altitude over densely populated areas, rather than being released over the Pacific Ocean or dispersed at a higher altitude where it would dissipate naturally or burned through extended flight in a holding pattern. They demanded that Delta take responsibility for cleaning up the aftermath.

Delta has denied any wrongdoing but opted to settle to avoid the potential uncertainties, distractions, and costs associated with litigation. The Atlanta-based airline also maintained that the Flight 89 crew followed federal regulations and their FAA-approved training in responding to the in-flight emergency, ensuring the safety of passengers, crew, and those on the ground.

A subsequent investigation by the Federal Aviation Administration found no wrongdoing on the part of the pilots, according to Delta. The net settlement amount, after accounting for legal fees and costs, is expected to total $50.6 million and will be distributed among an estimated 38,000 property owners or residents.

Filippo Marchino, representing the plaintiffs, described the settlement as fair and reasonable, stating that it would compensate “hard-working families who rightly deserve this outcome for their request of respect and just treatment.” The case is currently identified as In re Delta Air Lines Inc, US District Court, Central District of California, No. 20-00786.