Town evaluating next steps following Airport Noise Case decision

Superior, Colo. — The Town of Superior is reviewing a decision issued today (Thursday, March 12) by the Colorado Court of Appeals regarding the Town and Boulder County’s lawsuit addressing aircraft noise and lead-based-fuel impacts from certain operations at Rocky Mountain Metropolitan Airport.

In its ruling, the court relied on the U.S. Supreme Court decision in City of Burbank v. Lockheed Air Terminal Inc., which held that federal law generally preempts local police-power regulation of aircraft noise.

The court acknowledged that airport proprietors may have authority to adopt certain noise restrictions themselves. However, the court determined that a state court cannot compel an airport proprietor to exercise that authority through an injunction.

The ruling affirms dismissal of the Town’s request for injunctive relief related to aircraft noise. The court did, however, return a portion of the case involving potential lead emissions from certain aircraft operations to the district court for further consideration, noting that the issue raises a novel legal question.

Superior officials are currently reviewing the decision and evaluating whether to seek further review by the Colorado Supreme Court.

“Our goal has always been to protect the health, safety, and quality of life of Superior residents,” said Mayor Mark Lacis. “This decision raises important questions about whether communities have any meaningful pathway to address serious impacts from airport operations. We are carefully reviewing the ruling and considering our options for next steps.”

Town leaders noted that the case has implications not only for Superior, but also for other Colorado communities located near airports that experience similar concerns related to aircraft noise and environmental impacts.

The Town will provide additional updates as it completes its review of the decision and determines its next course of action.