The City of Boulder has opted not to appeal a recent federal court decision dismissing its lawsuit over long-term operating obligations at Boulder Municipal Airport. Boulder’s original lawsuit asserted the city is only obligated to operate its airport through 2040, while the FAA said past grants the airport received require the city to operate the airport in perpetuity.
The deadline to appeal passed Nov. 14, concluding the city’s first attempt to clarify whether it must operate the airport indefinitely. The United States District Court for the District of Colorado dismissed the case without prejudice in September, finding that any ruling “would not have any real-world impact until 2040.”
Court’s Decision And Background
Boulder filed the lawsuit in July 2024 after the FAA stated that past land-related grants required the city to keep the airport open in perpetuity. The city countered that its 1959 and 1977 land-acquisition grants each carried 20-year limits that expired long ago and that only its most recent grant, accepted in 2020, remains active through 2040. A 1991 easement grant worth $5,800 became a focal point of the disagreement, with the FAA citing it as grounds for a perpetual obligation.
U.S. District Judge Nina Y. Wang did not address the merits of either interpretation in the dismissal, instead determining that the case was premature because Boulder’s current grant obligations remain in effect for at least another 15 years. The dismissal left the underlying legal question unresolved, allowing both parties to maintain their positions without a court ruling on the validity of the FAA’s interpretation.
City Response And Operational Considerations
City spokesperson Sarah Huntley told Axios Boulder in September that Boulder is “evaluating the ruling and assessing our legal options.” A city press release last week acknowledged that the city was allowing the appeal deadline to pass and said the city will continue prioritizing safety and regulatory compliance while attempting to avoid further federal grants. It noted the need to support aging infrastructure and also noted an intention to explore unleaded fuel options alongside “alternative grants.”
By declining additional FAA grants, Boulder would better preserve its ability to revisit long-term land-use decisions after 2040, though the choice also limits access to federal funding for maintenance and improvements.
Airport operators said the ruling leaves all parties in a state of uncertainty as the FAA looks to assert that the airport must remain open indefinitely, while local parties have expressed interest in possible closure and redevelopment of the land.
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