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Lafayette updates council on FAA flight-path challenge and statewide airport litigation
Summary
Deputy City Attorney Erin Poe briefed council on Lafayette's petition for D.C. Circuit review of FAA flight-path changes and on the Superior v. Jefferson County case; city may spend up to the mid-six-figure range for special counsel work and will schedule an executive session to discuss litigation costs and strategy.
The Lafayette deputy city attorney updated council on two airport-related legal matters at the June 16 meeting: (1) Lafayette's petition for judicial review in the D.C. Circuit challenging the FAA's process for issuing a November 2025 "Letter to Airmen" that altered arrival and departure routes, and (2) the town of Superior's ongoing litigation against Jefferson County over noise and lead emissions related to Rocky Mountain Metropolitan Airport (RMMA).
Deputy City Attorney Erin Poe said the city retained aviation-law specialist Stephen Taber to file a petition for review with the U.S. Court of Appeals for the D.C. Circuit, asking the court to examine whether the FAA followed proper environmental and process steps when it changed flight paths that increased traffic over the Highway 287 corridor. Poe said Lafayette sought mediation but the case was not selected; if the city continues, briefs are due in the summer and fall months with potential hearings this fall.
Poe said the city's special counsel estimated potential additional litigation costs between $120,000 and $170,000. She recommended an executive session so council can hear from counsel and discuss the cost-benefit of continued litigation.
On the Superior case, Poe summarized that the Colorado Court of Appeals upheld dismissal of Superior's noise claims as federally preempted but remanded lead-emissions claims for further proceedings; Superior and Boulder County have petitioned the Colorado Supreme Court to review those issues, and Lafayette and Louisville plan to join a supporting brief asking the state court to take the case.
Councilors asked whether a favorable decision would permit local courts to enjoin airport operations and what remedies might follow; Poe said first the court must decide whether it has that authority and then a trial court would address the merits and any injunctive relief. Councilors debated costs and potential outcomes, with several members urging continued advocacy to respond to persistent constituent complaints about low-altitude aircraft and lead exposures.
Next steps: staff will schedule an executive session with special counsel to discuss strategy and costs and will prepare briefing materials for council.
