A federal judge last week denied motions to dismiss a class-action lawsuit alleging significant harm from aircraft emissions at Seattle-Tacoma International Airport (SEA), allowing the case to proceed.

As we previously reported, the lawsuit, filed in 2022 on behalf of residents living within a five-mile radius of the airport, accuses the Port of Seattle, Alaska Airlines, and Delta Air Lines of negligence, battery, trespass, and public nuisance.

U.S. District Court Judge Jamal White denied motions by the defendants seeking to dismiss the case, rejecting arguments that the claims are preempted by federal law and lack jurisdiction. The court’s Nov. 25 decision marks a significant step forward for plaintiffs seeking accountability for what they describe as a “Contamination Zone” caused by aircraft pollution.

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“As we first predicted in The Briefing Project, the Port of Seattle needed a big shark – a lawsuit – to bite it in the ass,” local activist Steve Edmiston said in a statement referencing the famous scene from “Jaws” in which the mayor refuses to close the beaches. “And that shark is getting awfully close now. There has never been a better time for communities to push back against the Port of Seattle for harmful airport expansion. Please comment on the SAMP!”

Comments on the SAMP may be submitted electronically to SAMP@portseattle.org or on the project website, and must be received by Dec. 13, 2024.

Plaintiffs Detail Widespread Harms

Residents of the alleged contamination zone claim the defendants’ actions have led to high levels of toxins in the area, including arsenic, lead, and magnesium, resulting in property damage and severe health risks. According to the complaint, these risks include heightened rates of asthma, chronic obstructive pulmonary disease (COPD), heart disease, and cancer.

Plaintiffs also cited reports from the University of Washington and King County Public Health highlighting the higher prevalence of premature births, low birth weights, and shortened life expectancy among residents near the airport. The suit further alleges over 100 “excess deaths” annually due to exposure to pollutants.

Environmental and Social Injustice

The complaint underscores the disproportionate impact on low-income and minority communities.

“Defendants’ behavior would not be tolerated if the affected communities were wealthy and politically powerful, such as Mercer Island or Medina,” plaintiffs argue. More than 30% of residents in the contamination zone live below 200% of the federal poverty level, according to the filing.

Defendants Deny Responsibility

The Port of Seattle and airline defendants argue that federal regulations, including the Clean Air Act and Federal Aviation Administration rules, preempt the claims. They maintain that compliance with these regulations shields them from liability and that plaintiffs’ claims impermissibly challenge federal aviation standards.

Judge White rejected these arguments at this stage, finding that plaintiffs’ state-law claims are distinct and not inherently preempted by federal statutes. The court also noted that determining whether federal law preempts the claims will require a detailed factual analysis.

Years of Advocacy Culminate in Legal Action

Advocacy groups have long warned of the health and environmental impacts of Sea-Tac’s operations. In 2018, a local group published a two-minute briefing to the Port of Seattle (video below), highlighting the public health evidence and urging action to mitigate aviation-related harm. That same group had predicted lawsuits if the Port failed to act.

“The lawsuits have arrived,” said one advocate, “and the Port now faces accountability for years of inaction.”

Implications and Next Steps

This case, potentially encompassing thousands of affected residents, could result in significant damages and compel the Port and airlines to adopt stricter environmental practices. Meanwhile, community leaders are urging residents to comment on the Port’s Sustainable Airport Master Plan (SAMP), which outlines future airport expansion.

The lawsuit’s outcome could set a precedent for communities nationwide grappling with the environmental and health impacts of major airports.

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Video

Below is a video of Edmiston’s “Briefing Project” series at a Port of Seattle Commission meeting recorded on Oct. 8, 2018 about the increasing health risks associated with aircraft overflights. Edmiston referenced studies linking overflights to serious health issues such as hypertension, heart attacks, strokes, and heightened risks for vulnerable populations like the elderly and children.