Southwest Airlines Sued by USDOT Over 2022 Delays

The US Department of Transportation (USDOT) has filed a lawsuit against Southwest Airlines, alleging violations of federal regulations due to chronically delayed flights in 2022. The lawsuit, submitted to the US District Court for the Northern District of California, focuses on two routes: Chicago Midway to Oakland, California, and Baltimore to Cleveland. USDOT seeks civil penalties exceeding US$2.1 million, claiming Southwest operated unrealistic schedules that disrupted passengers’ travel plans.

The lawsuit alleges that Southwest consistently delayed flights on the specified routes over a five-month period in 2022. Government data indicates that flights on the Chicago-Oakland route were delayed 19 out of 25 times in April 2022, with average delays surpassing an hour. Similarly, flights between Baltimore and Cleveland reported monthly average delays of up to 96 minutes. USDOT asserts that more than 90% of these delays resulted from Southwest's scheduling practices, not external factors like weather or air traffic control.

“Airlines have a legal obligation to ensure that their flight schedules provide travelers with realistic departure and arrival times. Today’s action sends a message to all airlines that the department is prepared to go to court in order to enforce passenger protections,” said Pete Buttigieg, Secretary of the Department of Transportation (USDOT).

Southwest expressed disappointment with the lawsuit, emphasizing its overall operational track record. “Since 2009, Southwest has operated over 20 million flights without other violations. Any claim that these two routes represent an unrealistic schedule is not credible compared to our performance over the past 15 years,” the airline stated. In 2024, Southwest reported completing over 99% of its flights without cancellations.

Under USDOT regulations, a flight is classified as chronically delayed if it operates at least 10 times a month and arrives more than 30 minutes late at least 50% of the time. Airlines found in violation can face fines of up to US$37,377 per incident. USDOT alleges Southwest committed 58 such violations in August 2022 alone.

The legal action against Southwest is part of a broader USDOT effort to hold airlines accountable for persistent delays. Frontier Airlines was fined US$650,000 for operating chronically delayed flights, with US$325,000 payable immediately and the rest forgivable if no further violations occur within three years.

JetBlue Airways was also fined US$2 million for failing to address delays on domestic routes including New York to Raleigh-Durham, Fort Lauderdale, Orlando, and Windsor Locks, Connecticut. Of this penalty, US$1 million will compensate affected passengers.

In addition to these enforcement actions, USDOT is reviewing whether airlines should be required to offer cash compensation for cancellations or significant delays caused by carrier-related issues.