The Biden administration on Wednesday sued Southwest Airlines, accusing the carrier of illegally operating multiple chronically delayed flights and disrupting passengers’ travel.
The Transportation Department said in its civil suit in the US District Court in Northern California that the carrier had operated unrealistic schedules, and said it is seeking maximum civil penalties. The Justice Department joined in the suit.
USDOT said that for five months in 2022, Southwest operated two chronically delayed flights: one between Chicago Midway and Oakland, California, and another between Baltimore and Cleveland.
“Today’s action sends a message to all airlines that the department is prepared to go to court in order to enforce passenger protections,” Transportation Secretary Pete Buttigieg said.
The department also said on Wednesday that it was fining Frontier Airlines $650,000 for operating multiple chronically delayed flights. Frontier, which declined to comment, will pay $325,000 and must pay the remainder if it operates any chronically delayed flights in the next three years.
Southwest said it was disappointed USDOT chose to sue “over two flights that occurred more than two years ago.” Southwest said that since 2009, the carrier has operated more than 20 million flights with no other violations.
“Any claim that these two flights represent an unrealistic schedule is simply not credible when compared with our performance over the past 15 years,” Southwest said. “In 2024, Southwest led the industry by completing more than 99% of its flights without cancellation.”
Under USDOT rules, a flight is chronically delayed if it is flown at least 10 times a month and arrives more than 30 minutes late at least 50% of the time.
It was unclear whether President-elect Donald Trump’s incoming administration would pursue the lawsuit.
Southwest in December 2023 agreed to provide $90 million in travel vouchers of $75 or more to passengers delayed at least three hours getting to final destinations because of an airline-caused issue or cancellation, part of a USDOT settlement over the carrier’s December 2022 holiday meltdown.
This month, USDOT imposed a $2 million penalty on JetBlue Airways for operating four chronically delayed flights on domestic routes. It was first such fine on an airline for the prohibited scheduling practice.
JetBlue agreed to pay a $1 million fine and the remainder will go to compensate customers. JetBlue agreed to provide vouchers worth a minimum of $75 for passengers for future flight cancellations or delays of three hours or more caused by the airline within the next year.
USDOT said at various points in 2022 and 2023 JetBlue operated chronically delayed flights between New York and Raleigh-Durham, Fort Lauderdale and Orlando along with a flight between Fort Lauderdale and Windsor Locks, Conn.
USDOT last month sought comment on whether it should mandate cash compensation for lengthy delays or cancellations caused by airlines.
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