Delta Air Lines has agreed to settle with victims represented in a class action lawsuit related to a January 2020 fuel dumping incident. As reported by Top Class Actions, the Atlanta-based carrier will pay $78.75 million to property owners and residents in the Los Angeles area affected by a flight that dumped fuel at a low altitude shortly after departing from Los Angeles International Airport.
The flight in question, operated by a since-retired Boeing 777, had caused skin and lung irritation to nearly 60 people as a result of the crew’s decision to dump fuel at a low altitude in preparation for a return to Los Angeles. The incident prompted an FAA investigation due to the fact that the aircraft dumped fuel over a populated area, which is not a routine procedure.
A Settlement For A Fuel Dumping Incident
Delta Air Lines has agreed to settle with the plaintiffs represented in a class action lawsuit against the carrier for a 2020 fuel-dumping incident, in which a Delta Boeing 777 jettisoned fuel over a populated area in Los Angeles. The plaintiffs allege that the fuel damaged properties and harmed residents as it was preparing to make an emergency return to LAX.
The carrier will be paying $78.75 million while admitting no wrongdoing. Class members will be eligible to receive a cash payment based on the amount of fuel that fell in their area, as well as their property type. 67% of the settlement fund will be allocated for owner payments, while 33% will be designated for resident payments. Exact payments will vary depending on the number of claims.
In addition, the settlement includes a joint declaration from experts. The declaration will include test results to determine whether the maximum amount that was dumped would be detectable and persist after the incident. The deadline for exclusion and objection is set for February 6, 2026, which is also the deadline for any claims. The final approval hearing is scheduled for May 18, 2026.
The Flight In Question For The Settlement
On January 14, 2020, Delta flight DL89 was departing Los Angeles International Airport for a nonstop flight to 
Shanghai Pudong International Airport. It was being operated by N860DA, a Boeing 777-200ER delivered to Delta in 1999. It was powered by two Rolls-Royce Trent 800 engines and had 149 passengers along with 16 crew members for a total of 165 occupants.
The aircraft experienced a compressor stall in its number two engine as it climbed over the Pacific Ocean. This required the aircraft to return to Los Angeles International Airport. Controllers had asked the pilots if they needed to dump fuel, but the crew transmitted that it was not necessary. The crew requested to land at Runway 25R, the airport’s longest runway, which would be necessary for an overweight landing. However, despite initially denying the need to dump fuel, the flight ended up jettisoning fuel while in the pattern.
|
Flight |
Aircraft |
Engines |
Origin |
Destination |
Passengers Onboard |
Capacity |
|---|---|---|---|---|---|---|
|
DL89 |
N860DN (Boeing 777-200ER) |
2x Rolls-Royce Trent 800 |
Los Angeles International Airport |
Shanghai Pudong International Airport |
149 |
296 |
It’s believed that DL89 dumped between 15,000 to 20,000 gallons (57,000 to 76,000 liters) of fuel, all of which was at low altitude over the city of Los Angeles. The flight flew over five elementary schools and a high school. First responders were called to treat the affected individuals, and a total of 56 people experienced minor skin and lung irritations.
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The Investigation And Puzzling Circumstances
Fuel dumps are common during emergencies, since an overweight landing can cause damage to the aircraft and potentially lead to a runway overrun. While it can be performed, pilots generally prefer to dump fuel instead. However, what’s unusual is that the pilots initially declined to dump fuel, and later requested extra time to hold without confirming that they were dumping fuel.
Fuel dumping is generally performed at higher altitudes over unpopulated areas in order to prevent the hazardous fuel from harming individuals on the ground. Dumping fuel at higher altitudes also allows it to atomize and dissipate before reaching the ground. The circumstances of the emergency also do not suggest that the flight was in a time-sensitive, critical situation. However, Delta Air Lines stated in court that the FAA has cleared the pilots of wrongdoing, although the agency’s report on the incident has not been made public.
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