Delta Has No Federal Protection in Carbon Case, Customers Say

Delta Air Lines customer Mayanna Berrin pushed back against the airline’s motion to dismiss her class suit claiming the company falsely advertised being carbon-neutral.

Federal law doesn’t block the claims because the Airline Deregulation Act doesn’t apply if a “state’s regulation will have only a ‘tenuous, remote, or peripheral’ connection to the provisions of airline services,” Berrin said.

Berrin sued on behalf of California residents who purchased Delta tickets, claiming the company allegedly misrepresented that it was carbon-neutral. They said that label was based on participation in carbon offsetting—when companies invest in green projects in exchange for credits—and that there ...