ANALYSIS: Cases Could Define Scope of Airline Greenwashing Risks

Plaintiffs are asking three federal courts to weigh in on the types of sustainability representations that airlines can legally make without misleading consumers. Delta Air Lines Inc., Koninklijke Luchtvaart Maatschappij (KLM), and United Airlines Holdings Inc. all face class actions by stakeholders who claim the airlines misrepresented their emissions-related efforts.

These pending lawsuits could chart a new course in ESG litigation, clarifying which types of sustainability representations from companies with carbon-intensive operations are likely to survive greenwashing challenges from skeptical stakeholders.

Airline Industry’s Carbon Footprint

Although several airline companies make representations on their emission-reducing behavior—such as being carbon ...