July 27, 2024
On Friday, 07.26.24 City of Boulder filed a lawsuit against the FAA. In it the City said it has “stopped accepting grants - and has elected to carry the considerable cost of operating the Airport on it’s own - in order that it may lawfully close the Airport when it’s most recent grant agreement expires in 2040.” The City claims the FAA’s claim that the airport "must operate in perpetuity" is inconsistent with the grant agreements and a constitutional overreach. The City asks the court to:
- declare early grant agreements as expired, and the FAA has no continuing interest under them
- declare the FAA's policy as unconstitutional
- render the FAA's position as constitutionally invalid and violation of Due Process
Why this matters
There are two initiatives on the November ballot to decommission the Boulder airport and repurpose the land for new neighborhoods with affordable housing. The FAA has asserted that Boulder must operate the airport in perpetuity, and airport supporters have been saying that the FAA will not allow Boulder to decommission the airport. This lawsuit challenges these positions.
Boulder says, “The FAA’s position is not only inconsistent with the express terms of its grant agreements with the City but is also an unconstitutional overreach – in violation of the separation of powers doctrine, the Spending Clause, and the Fifth and Tenth Amendments – that wrests from the City its ability to provide for the public health, safety, and welfare of its citizens, and clouds the City’s fee simple title to the property comprising the Airport...”
We support this proactive step to reclaim the ability to regulate our own city land and determine the best use of that land for the people of Boulder. The city’s court filing rightly observes that Boulder suffers from a "dwindling supply of affordable housing, mounting concern regarding noise and other environmental impacts associated with aircraft operations at the Boulder Municipal Airport, and potential liability arising from its ownership and operation of the Airport.
Daily Camera, https://www.dailycamera.com/2024/07/27/boulder-sues-faa-over-possible-airport-closure/