A U.S. District Court judge has dismissed Boulder’s lawsuit against the Federal Aviation Administration, which challenged the agency’s position that the city must keep its airport open indefinitely as a condition of federal funding accepted decades ago.
The case was dismissed largely on procedural grounds, without addressing the central legal questions, leaving the airport’s long-term fate in limbo.
City officials have said the lawsuit was not an attempt to close the airport but to clarify whether closure is legally possible. In a statement, city spokeswoman Sarah Huntley said Boulder is reviewing the ruling and weighing its options.
The dispute has been a flashpoint in a broader debate over the airport’s future. Located in northeast Boulder, the facility primarily serves private pilots, flight trainees, gliders and researchers. Opponents of the airport want to repurpose the land for housing, while supporters argue it provides important services and should remain open.
In 2024, residents launched a ballot measure campaign to close the facility and use the land for affordable housing, but withdrew the proposal while the lawsuit played out. As calls to close the airport grew, a counter-effort to preserve it gained momentum as well, with backers warning that shutting it down could trigger a costly legal battle with the FAA.
The city’s lawsuit, filed July 26, 2024, sought a court ruling allowing Boulder to close the airport by 2040. At issue is whether federal grants accepted decades ago bind the city to keep the airport open permanently.
The city said it accepted two FAA grants for land purchases in 1959 and 1977, both of which stipulated a maximum 20-year obligation. The city argued that the other grants it received for easements, most recently in 1991, do not require the city to keep the airport running in perpetuity. However, the FAA argued a 1991 grant for about $650,000 to acquire an easement for a project related to realigning a taxiway obligated the city to keep the airport open unless the agency approves its closure.
In a Sept. 15 ruling, U.S. District Judge Nina Y. Wang dismissed one of Boulder’s claims for lack of jurisdiction, indicating the court had no authority to decide the issue. Wang also rejected the city’s constitutional claims, ruling Boulder lacked standing because any harm would not occur until “years in the future.” City officials have said that Boulder’s most recent FAA grant, accepted in May 2020, came with a 20-year obligation, meaning the airport could potentially close in 2040.
The claims were dismissed without prejudice, meaning it was not a judgment on their merits.
The case also has financial implications. Boulder has stopped accepting federal airport grants while the legal fight plays out, a decision that could leave the facility facing a budget shortfall as soon as next year, according to city budget records.During a Sept. 8 candidate forum, Councilmember Matt Benjamin called the lawsuit “frivolous” and urged Boulder to resume accepting federal funding.
“What we do need to do is take that money and let that airport start generating money,” Benjamin said in response to a question about the city’s budget challenges.
Laura Kaplan, a Planning Board member and organizer with the 2024 Airport Neighborhood Campaign ballot committee that sought to close the airport, said the city should continue pursuing legal options now or in the future and avoid accepting new grants that extend obligations beyond 2040.
“Litigation is often a winding road. This ruling on a technicality, without prejudice, is just the current twist,” Kaplan told Boulder Reporting Lab in an email. “The key legal issues remain unresolved. Clearly there are strong reasons why the city should seek to retain self-determination over the future and management of our city-owned land.”
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