TagLitigation(31)
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2024-03-20District Court of The Hague Case number: C-09-632625-HA ZA 22-610 Foundation For The Right To Protection Against Aircraft Noise (RBV) vs. The State of Netherlands
ECLI:NL:RBDHA:2024:3734 Authority District Court of The Hague Date of judgment 20-03-2024 Date of publication 20-03-2024 Case number C-09-632625-HA ZA 22-610 Jurisdictions Civil law FeaturesSubstantive action, First instance – multiple Content indication Government liability; 8 ECHR; Aviation Act 1.1. In these proceedings, RBV claims that the District Court should rule that the State has acted unlawfully -
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.' -
California sues oil companies for exacerbating climate change
California claims the five biggest oil and gas companies knew that using their products led to climate change, but then spent decades misleading the public. The lawsuit says extreme weather fueled by climate change has caused billions of dollars in damages in the state and these companies should pay for some of that damage. California -
2023-09-07Answer to Complaint: Quiet Communities, Inc. et al. v. United States Environmental Protection Agency et al.
This is a legal answer filed by the U.S. Environmental Protection Agency (EPA) in federal court responding to a lawsuit brought by Quiet Communities, Inc. over noise control enforcement. The EPA admits that its Office of Noise Abatement and Control was shut down in 1982, but largely denies or declines to respond to the plaintiffs' other factual and legal claims. The case centers on whether the EPA has failed to fulfill its duties under the Noise Control Act, which is relevant to ongoing debates about airport and environmental noise policy. -
Judge Rules in Favor of Montana Youths in a Landmark Climate Case
he court found that young people have a constitutional right to a healthful environment and that the state must consider potential climate damage when approving projects. Youth plaintiffs in Held v. State of Montana gathered in June at Pioneer Park in Helena, Mont.Credit…Janie Osborne for The New York Times By David Gelles and Mike Baker Aug. 14, 2023 -
Young environmental activists prevail in first-of-its-kind climate change trial in Montana
By MATTHEW BROWN and AMY BETH HANSON The Associated Press HELENA, Mont. (AP) — Young environmental activists scored what experts described as a ground-breaking legal victory Monday when a Montana judge said state agencies were violating their constitutional right to a clean and healthful environment by allowing fossil fuel development. The ruling in this first-of-its- -
A greenwashing lawsuit against Delta aims to set a precedent
By KENDRA PIERRE-LOUIS Bloomberg As tranquil instrumental music plays over gauzy images of nature, a woman’s voice-over begins. “Isn’t it a paradox,” she wonders aloud, “that the love for this world that gets us out in it, sometimes leaves behind the things that can harm it? Flight by flight, we broaden our views. We gain -
Carbon Neutrality Suit Against Delta Airlines Signals the Arrival Time of “Greenwashing” Litigation
A recent class action filed against Delta Airlines is among the first major consumer cases targeting claims of carbon neutrality. The complaint, filed in Mayanna Berrin v. Delta Airlines Inc., No. 2:23-cv-04150 (C.D. Cal.) on May 30, 2023, in the United States District Court for the Central District of California, takes aim at Delta Airlines’ -
2023-05-30Berrin v. Delta Air Lines: Class Action Complaint
A class action lawsuit filed in May 2023 against Delta Air Lines alleges that the airline falsely marketed itself as the 'world's first carbon-neutral airline' since March 2020. The complaint argues that Delta's reliance on voluntary carbon offsets did not actually eliminate its net carbon emissions, as those offsets suffer from inaccurate accounting, non-additional effects, and impermanent results. Plaintiff Mayanna Berrin seeks to represent a nationwide class of Delta ticket purchasers who allegedly paid premium prices based on these misleading environmental claims. -
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.