U.S. Government Withdraws Lawsuit Against Southwest Airlines Over Persistently Delayed Flights

U.S. Government Withdraws Lawsuit Against Southwest Airlines Over Persistently Delayed Flights

The U.S. Department of Justice (DOJ) has officially withdrawn a lawsuit it filed against Southwest Airlines, marking the end of a legal action initiated during the final days of the Biden administration. The suit, which was filed in January by the Department of Transportation (USDOT), accused the airline of operating flights with chronically unrealistic schedules. The case focused on two specific routes that were repeatedly delayed during a challenging period for the aviation industry.

The USDOT had alleged that between May and September of 2022, Southwest operated two domestic flights—one from Chicago Midway to Oakland, California, and another from Baltimore to Cleveland—that frequently ran late. According to federal regulations, a flight is considered “chronically delayed” if it is late more than 30 minutes more than 50% of the time and operates at least 10 times per month. The department had sought significant civil penalties, citing these delays as evidence of improper scheduling practices.

Southwest Airlines welcomed the government’s decision to drop the case. In a statement issued on Friday, the airline defended its operations, attributing the delays to factors beyond its control, such as broader industry-wide disruptions caused by the COVID-19 pandemic. The airline emphasized that the affected flights occurred during a uniquely turbulent time when carriers across the globe were dealing with staffing shortages, supply chain issues, and unpredictable demand. Southwest also noted that it has not faced similar violations across its more than 20 million flights since 2009.

The USDOT has yet to provide a public explanation for dropping the lawsuit. However, this reversal comes as the department continues to take a tougher stance on airline accountability under the Biden administration. Earlier this year, the USDOT fined Frontier Airlines $650,000 over multiple chronically delayed flights. As part of the agreement, Frontier must pay $325,000 upfront, with the remainder contingent on future compliance with scheduling regulations.

Southwest has taken steps to rebuild its reputation following a highly publicized operational collapse during the December 2022 holiday season. In December 2023, the airline agreed to provide $90 million worth of travel vouchers—each valued at $75 or more—to compensate customers who were significantly delayed due to issues within the airline’s control. This settlement was part of a broader agreement with the USDOT to avoid further penalties related to that disruption.

JetBlue Airways has also come under scrutiny for similar scheduling issues. In January, the USDOT imposed a $2 million fine on the carrier for operating four chronically delayed domestic flights. JetBlue agreed to pay half of the penalty immediately and to offer affected passengers vouchers worth at least $75 for future cancellations or delays. These enforcement actions underscore the administration’s efforts to ensure airlines provide reliable service and are transparent with their scheduling practices.


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