Boulder airport's future up in the air after ruling
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Dave Ross covers his glider after flying on Oct 29, 2008, at the Boulder Municipal Airport. Photo: Mara Auster/Digital First Media/Boulder Daily Camera via Getty Images
A federal judge has dismissed Boulder's lawsuit against the Federal Aviation Administration over the city's airport, halting momentum for potential redevelopment of the property.
Why it matters: Last week's ruling could delay plans to shutter the Boulder Municipal Airport and build much-needed housing, if those plans go forward at all.
Context: Two items that would have decommissioned the airport in favor of housing projects were pulled from the 2024 ballot when the city filed a lawsuit challenging the FAA's assertion that the city must keep its airport operating indefinitely because it received federal grants.
- The city said the last FAA grant it accepted with a 20-year obligation was in May 2020, which would allow Boulder to close the airport by 2040.
The latest: U.S. District Judge Nina Y. Wang dismissed Boulder's lawsuit on Sept. 15, saying that a ruling "would not have any real-world impact until 2040 ... beyond providing the city satisfaction of a favorable ruling."
- Wang did not weigh in on the merits of either the FAA's or the city's arguments.
What they're saying: Boulder spokesperson Sarah Huntley told us the city is "evaluating the ruling and assessing our legal options."
The other side: Andrew McKenna, president and CEO of Journeys Aviation, which operates a flight school and provides services for the airport, told us the dismissal was "a positive step," but also said the nature of the ruling put all parties in "limbo."
- McKenna noted that Boulder must continue to reject FAA funding to keep its options open, which will cost the city as it deals with a budget shortfall.
- "It is time for the city to decide we're gong to have an airport and embrace making it the best airport it can be," McKenna said.
By the numbers: The airport, which opened in 1928, primarily serves private pilots, trainees and glider pilots.
- It supports 100-200 daily operations on average, with approximately 60,000 operations in a year. About 69% of these are from aircraft based at the airport.
The big picture: Boulder's suit against the FAA is just one of several disputes nationwide between the agency and municipalities trying to exercise more control over small airports.
What's next: Boulder could appeal the ruling.
- The city could also declare its intentions for the transit hub, forcing the FAA to take a concrete action that a judge could rule on in a future lawsuit.