Ninth Circuit Bars Class Action Over Delta Flight Emissions (gibsondunn.com)

The U.S. Court of Appeals for the Ninth Circuit reversed a Western District of Washington ruling and held that the Clean Air Act preempts state-law claims seeking liability for aircraft emissions at Seattle-Tacoma International Airport. The putative class action, brought on behalf of about 300,000 nearby residents and property owners, alleged negligence, battery, trespass, public nuisance, and inverse condemnation against Delta Air Lines, Alaska Airlines, and the Port of Seattle. The court adopted the argument that Section 233 of the Clean Air Act blocks state-law claims premised on in-flight aircraft emissions.