Boulder Sues FAA Over Possible Closure Of Municipal Airport

The Federal Aviation Administration (FAA) is facing a lawsuit filed by the City of Boulder, Colorado, after the agency claimed that the city must keep its local airport operational. It comes after the city began to asses the airport last year, considering whether it should be redeveloped or demolished.

Boulder reportedly claimed that the FAA’s reservation violates its protection in the Constitution. Boulder Municipal Airport (WBU) has received numerous federal grants over the years, but its latest ends in 2040, which is when the lawsuit seeks judicial declarations on when the city would be allowed to close the airport.

Obliged to continue operations

According to Boulder Reporting Lab, the lawsuit was filed in US District Court last week. WBU does not serve commercial flights, but is primarily used by private pilots, trainees, glider pilots, and researchers. The lawsuit outlines that representatives from the City of Boulder met with the FAA in August of last year to discuss the city’s desire to close and repurpose the airport.

Photo: City of Boulder Transportation and Mobility Department

However, the agency notified the city that it would not be willing to release it from its obligations related to grant assurance and that they “would apply in perpetuity.” In January, city officials wrote to the FAA asking for clarification on “the basis upon which the FAA asserted the grant assurances would apply…” The agency responded two months later and claimed that the city accepted an Airport Improvement Program (AIP) grant in 1980 and was “obligated to maintain the airport in perpetuity.”

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The City of Boulder received grant agreements for WBU in 1959, 1977, and 1991, according to the lawsuit. Its current agreement is reportedly set to expire in 14 years. Should the city wish to close the airport, it cannot receive additional federal grants and must continue to operate WBU under its current obligations until the expiration of the current agreement.

“Grant agreements never expire”

In contrast, the lawsuit outlines that the FAA believes the grant agreements do not have an expiration date. In March, Boulder’s City Manager, Nuria Rivera-Vandermyde, wrote to the FAA’s Denver Airports District Office, asking the agency to explain its position further.

“Each of the grant agreements associated with these acquisitions [1959, 1971, and 1991 grants] provided that their duration would not exceed twenty years,” the manager said. “Nevertheless, in recent discussions with City staff, the FAA asserted that these grant agreements never expire. Please explain.”

The city’s lawyers issued a statement on the litigation, according to Boulder Reporting Lab.

“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.”

Calls to close permanently

Although the city desires to redevelop WBU, critics of the airport and a group of residents are calling for its permanent closure. Critics have reportedly cited concerns over noise and lead pollution from piston-engine aircraft, while some residents hope the airport will close, allowing the city to use the land for affordable housing.

Photo: City of Boulder Transportation and Mobility Department

Originally known as Hayden Field, WBU was developed by the Silver Wing Aircraft Company in the 1920s as a small landing strip on the dirt. It was purchased by the city, which renamed it to Boulder Municipal Airport in 1943.

The FAA would not comment on current litigation.

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