Alaska Air Group and Delta Air Lines, Inc.’s Joint Reply in Support of Motion to Dismiss Plaintiffs’ Second Amended Complaint

Alaska Air Group and Delta Air Lines filed a joint reply in federal court seeking dismissal of a class-action lawsuit brought by Seattle-area residents over noise and air quality impacts from flights at Seattle-Tacoma International Airport. The airlines argue that federal law—including the Airline Deregulation Act and the Clean Air Act—preempts the plaintiffs' state-law claims, leaving no room for local or state courts to regulate airline flight operations. The case, heard in the U.S. District Court for the Western District of Washington, centers on whether residents can use state law to challenge airline service to Sea-Tac Airport.

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Joint reply brief filed by Alaska Air Group and Delta Air Lines, Inc. in Case No. 2:23-cv-00795 (W.D. Wash.), before Hon. Jamal N. Whitehead, in support of their motion to dismiss the Second Amended Complaint filed by plaintiffs Cindy Codoni, Michelle Geer, Horace Cathcart, Amy France, and Tamara Chakos against Port Of Seattle, Alaska Air Group, and Delta Air Lines. Airlines argue federal preemption bars plaintiffs’ state-law claims related to airline service to Sea-Tac Airport, invoking the Airline Deregulation Act, Clean Air Act, field preemption over flight operations, impossibility preemption, and obstacle preemption. Brief also argues the court lacks subject matter jurisdiction over collateral attacks on FAA and EPA orders. Key cases cited include City of Burbank v. Lockheed Air Terminal Inc., 411 U.S. 624 (1973), and Air Transp. Ass’n of Am. v. City & Cnty. of San Francisco, 266 F.3d 1064 (9th Cir. 2001).

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