Photo credit: Deactived Account
by Arline L. Bronzaft, Ph.D., Board of Directors, GrowNYC, Co-founder, The Quiet Coalition, and Honorary Chair, Quiet American Skies
Environmental issues and the desire to build affordable housing on airport land resulted in Boulder, Colorado attorneys filing a lawsuit against the Federal Aviation Administration to close the city’s airport and take back its land.
To maintain the airport, Boulder accepted funding from the FAA. This funding required Boulder to keep the city airport open for a maximum of 20 years. The lawsuit claims that after a number of years, Boulder stopped accepting these grants and so it could close the airport after 2040. The FAA challenges this claim, stating that the grant obligations require the city to keep the airport open in perpetuity.
But the city claims this is not only contradictory to the terms of the grant, but represents “unconstitutional overreach.” A city spokesperson said that its attorneys will ask how long it is obligated to keep the airport. One city official did not believe maintaining an airport in perpetuity was appropriate. The FAA did not respond for comment.
The possible closure of the Boulder airport has resulted in the formation of two groups — one who sees the airport as beneficial to the welfare of the city and a second advocating for increased housing. The group advocating for housing believes the city should have the right to regulate its own land. Residents also expressed concern about noise and environmental impacts associated with the airport.
Cities across the U.S. should follow this lawsuit closely. The premise of the FAA claiming the right to maintain an airport forever after doling out grant funds could set an interesting precedent.
