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Delta settles $79 million lawsuit over 2020 Los Angeles jet fuel dump

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Delta settles $79 million lawsuit over 2020 Los Angeles jet fuel dump
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Ed Bastian, Chief Executive Officer | Delta Air Lines

Delta Air Lines has agreed to pay nearly $79 million to settle a class action lawsuit related to a 2020 incident in which one of its flights dumped jet fuel over residential and business areas in Los Angeles. The incident occurred after Delta Flight 89, operated by a Boeing 777-200, experienced engine thrust loss shortly after takeoff from Los Angeles International Airport (LAX) en route to Shanghai, China.

Following the engine issue, the pilots decided to jettison approximately 15,000 pounds of jet fuel so the aircraft would not exceed its maximum landing weight upon return. The fuel dump affected densely populated neighborhoods in Cudahy, California, including Park Avenue Elementary School where teachers and students were exposed to jet fuel on their skin and clothes. Residents reported minor skin and lung irritations.

Delta settled the lawsuit without admitting liability. According to the airline, "Delta followed protocol for the dump," but plaintiffs argued that the pilots could have chosen a different location or method for releasing fuel. Attorney Filippo Marchino, representing those affected, said that his clients contended "the jettison was not required" and that "the aircraft would have been capable to land without incident."

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The settlement awaits judicial approval and will net about $50 million for homeowners and residents of roughly 38,000 homes after legal fees are deducted. Each home is expected to receive around $1,300. As part of the agreement, Delta will collaborate with homeowners on testing for any lingering residue or health risks resulting from the fuel dump and provide certificates confirming property safety. Marchino emphasized this outcome by stating it "restores value in their biggest asset."

The Federal Aviation Administration investigated the incident and cleared Delta's pilots of wrongdoing. The agency requires pilots who intend to dump fuel to notify air traffic control about details such as location and altitude so that dumps typically occur over less populated areas or offshore at higher altitudes—measures designed to minimize ground exposure.

In this case, reports indicated that Delta’s flight crew released fuel at an altitude under 3,000 feet over heavily populated neighborhoods rather than offshore or at higher altitudes as is standard practice.

Delta has since retired all Boeing 777 aircraft from its fleet; flights between Los Angeles and Shanghai now use Airbus A350s. The specific aircraft involved was delivered new to Delta in March 1999 and left its fleet in June 2023.

Delta remains one of America’s largest airlines with extensive operations out of LAX including new international services planned for Hong Kong and Melbourne as well as ongoing flights across North America, Europe, Asia-Pacific, Central America, and Australia.

A final approval hearing for the settlement is pending before a judge.

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