TagHagens-Berman(8)
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2026-09-25Ninth Circuit Limits State-Law Claims for Aircraft Air Pollution but Rejects Broader Attempt to Channel Airport-Impact Claims into Exclusive Federal Review
By: Steven M. Taber, Esq. Summary: Development: In Codoni v. Port of Seattle, the Ninth Circuit held that the Clean Air Act preempts state-law claims seeking relief for air pollution emitted directly by aircraft, but rejected the argument that all airport-impact claims must proceed through exclusive federal review. Why it matters: Communities face greater limits -
2026-09-25High profile Sea-Tac air pollution class action lawsuit grounded by Ninth Circuit
Clean Air Act preempts state claims over aircraft pollution After three years, a widely-promoted class action lawsuit on behalf of residents around Sea-Tac Airport has finally been heard in federal court. The September 23 opinion by the Ninth Circuit Court of Appeals is not good. The original complaint tried to hold the Port of Seattle, -
2026-09-23Codoni v. Port Of Seattle, No. 25-2830 (9th Cir. 2026)
Ninth Circuit Court of Appeals published opinion in Codoni v. Port of Seattle, No. 25-2830 (D.C. No. 2:23-cv-00795-JNW), filed September 23, 2026, authored by Judge Paez, reversing the Western District of Washington (Judge Jamal N. Whitehead) denial of defendants’ motion to dismiss. Plaintiffs Cindy Codoni, Michelle Geer, Horace Cathcart, Amy France, and Tamara Chakos, residents -
2024-11-26Alaska Air, Delta must face lawsuit over Seattle airport pollution
by Nate Raymond November 26, 20243:00 PM PST Alaska Air Group (ALK.N) and Delta Air Lines (DAL.N) have lost their bid to dismiss a lawsuit alleging that emissions from their aircraft at Seattle-Tacoma International Airport are responsible for a deadly mixture of toxic pollution. U.S. District Judge Jamal Whitehead in Seattle on Monday rejected the -
2024-02-16Port Of Seattle’s Reply in Support of Motion to Dismiss Plaintiffs’ Second Amended Complaint
The Port of Seattle filed this legal reply brief seeking dismissal of a lawsuit brought by five plaintiffs (Codoni, Geer, Cathcart, France, and Chakos) related to Seattle-Tacoma International Airport operations. The Port argues that the plaintiffs' claims are barred by federal preemption under the Civil Aeronautics Act, the Airline Deregulation Act, and the Federal Aviation Act, which collectively give the federal government exclusive authority over aviation and airport operations. The Port also contends that the plaintiffs lack legal standing to bring inverse condemnation claims under the 'subsequent purchaser rule.' -
2023-04-19Hagens-Berman: Seattle-Tacoma International Airport (Sea-Tac) Pollution
Do you live within a five-mile radius of Seattle-Tacoma International Airport? Fill out the form to find out your rights » CASE STATUS Active ATTORNEYS Steve W. Berman Sean R. Matt Thomas E. Loeser Martin D. McLean Garth Wojtanowicz Shelby R. Smith Jacob Berman Abigail D. Pershing PRACTICE AREAS Class Action Environmental Litigation COURT Superior -
Class action lawsuit filed against Port of Seattle, Alaska Air Group and Delta Airlines over toxic airport pollution
Residents of the city of SeaTac and surrounding areas this week filed a class action lawsuit against the Port of Seattle, Alaska Air Group Inc. and Delta Air Lines Inc., alleging that airport operations contaminate neighborhoods near Sea-Tac Airport with a combination of pollutants including carbon monoxide, lead and particulate matter, according to attorneys at Hagens Berman. -
2023-04-19Class Action Complaint: Codoni and Geer v. Port Of Seattle, Alaska Air Group, and Delta Air Lines, Inc.
A class action lawsuit filed in King County Superior Court by plaintiffs Cindy Codoni and Michelle Geer against the Port of Seattle, Alaska Air Group, and Delta Air Lines alleges that aircraft operations at Seattle-Tacoma International Airport have contaminated the surrounding air and soil with dangerous pollutants, including particulate matter, hazardous gases, and toxic heavy metals. Residents living beneath flight paths below 3,000 feet claim increased health risks and property damage as a result of the defendants' ongoing activities. The suit seeks medical monitoring, property decontamination, and other relief on behalf of all similarly situated homeowners, renters, and residents in the affected area.