The city of Boulder is suing the Federal Airport Administration (FAA) over a dispute on the potential closure of Boulder Municipal Airport.
The city is considering closing the airport, which was purchased by the city in 1943, due to environmental and noise concerns as well as “dwindling supply of affordable housing,” according to the complaint filed July 26 in federal district court.
The city has accepted grants from the FAA in the past, which require the city to keep the airport open for a maximum of 20 years, according to the complaint. The city has recently stopped accepting those grants and should be able to close the airport when the most recent agreement expires in 2040, according to the suit.
The FAA, however, said in a March letter to the city that “the land must be used in perpetuity for its originally intended purpose” unless released by the federal government.
The city’s suit claims the FAA’s position is “constitutional overreach” and “wrests from the City its ability to provide for the public health, safety, and welfare of its citizens.”
The city is asking the court for a declaration allowing the airport to close in 2040 and to award the city the cost of the litigation and attorney’s fees. The cost of the litigation is expected to be $500,000 - $750,000, according to notes shared with city council.
City council will vote on whether to approve pursuing the suit Aug. 8. The city attorney can seek retroactive approval from council in pressing circumstances, and the city manager and city attorney have both recommended approval.
A spokesperson for the FAA said the agency does not comment on pending litigation.