BOULDER, Colo. – The Federal Aviation Administration (FAA) has intensified its legal stance, insisting that Boulder City must keep its municipal airport operational indefinitely, due to agreements tied to federal funding received in the past. This development comes as the FAA filed a dismissal motion on Nov. 1, opposing Boulder’s lawsuit which challenges this mandate and seeks to potentially close Boulder Municipal Airport by 2040.
The crux of the dispute hinges on whether the acceptance of federal grants by Boulder decades ago obligates the city to maintain the airport’s operations indefinitely. This question emerged from Boulder’s initiative for a court determination, amid broader discussions on the airport’s future viability and possible re-purposing.
Legal documents indicate that Boulder is not necessarily aiming to shutter the airport immediately but is rather seeking a judicial clarification that may affect future planning. The city spent over $400,000 on consultations, which resulted in two potential forward paths: continuing operations with private investments or potentially closing the facility if legally permissible.
Heightened public interest and civic engagement surfaced this year as local residents advocated for converting the airport land for residential purposes. Although initiatives for a ballot measure emerged, they were subsequently retracted, yet the public debate vigorously continues, influencing local political dynamics.
The FAA’s recent legal move to request dismissal of Boulder’s lawsuit marks its first direct opposition to the city’s challenge. The stalemate underscores a potential lengthy legal confrontation over the future of the airport, a scenario the city hoped to avoid.
In the FAA’s counterarguments, it references grants dating back to 1959 and 1977 with 20-year obligations, but emphasizes a critical 1991 grant used for acquiring an easement for taxiway realignment, asserting that this agreement entails an indefinite operational commitment.
Boulder counters this argument by claiming that the 1991 grant was for a construction easement, which does not equate to a perpetual operation obligation of real property. However, the FAA insists that the 1991 agreement, like previous ones, included clauses that prevent the airport’s closure without the agency’s approval, citing clauses that required the property to be used for its aviation-related purpose in perpetuity.
Apart from its disagreement on the binding nature of the agreements, the FAA also seeks dismissal of Boulder’s lawsuit based on several procedural grounds, questioning the city’s legal standing, the court’s jurisdiction, and the timeliness of constitutional claims raised by the city.
Boulder Municipal Airport primarily serves private pilots, flight trainees, glider pilots, and researchers. While some community members push for its closure to free up land for housing development, others advocate for its continued operation to avoid potentially costly and protracted legal disputes with the FAA.
Boulder has paused accepting new federal grants for the airport as these legal proceedings unfold. The most recent grant, accepted in May 2020, included a 20-year operational obligation. The city’s airport director recently resigned, moving to a position at Northern Colorado Regional Airport, suggesting ongoing administrative changes amid the legal struggle.
The lawsuit’s outcome hinges on whether the judge accepts the FAA’s motion to dismiss. If granted, the lawsuit will end in favor of the FAA; if denied, a trial will likely follow, potentially setting a precedent for how municipalities negotiate federal obligations tied to past funding.
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