RMMA Update

I previously wrote a comprehensive history of the Town’s efforts to deal with the struggles of noise and other concerns related to Rocky Mountain Metropolitan Airport (“RMMA”) in August 2023. I’d recommend reading this post before going any further in this update to understand some of the history. I also previously wrote about the RMMA Community Noise Roundtable and the decision of the members of CNR to disband and dissolve the CNR by a 5-3 vote.

Litigation Update

After several years of trying to work with Jefferson County and the RMMA Airport Director to address growing noise and pollution emanating from the airport, in March 2024, the Town engaged aviation counsel and filed a lawsuit (joined by Boulder County) in state court against Jefferson County and the Airport Director of RMMA. In the Complaint, we request injunctive relief requiring the Defendants to abate the nuisance caused by piston-engine aircraft performing “touch and go” operations at RMMA.

On March 14, 2024, Jefferson County & the RMMA Director filed a Notice of Removal and “removed” the case to federal court. Thereafter, the Defendants also filed a Motion to Dismiss the case on March 29, 2024. Jefferson County & the RMMA Director argued that federal law completely preempted Superior’s state law nuisance claim and because of that preemption, Superior should not be able assert a nuisance claim at all.  Separately, on April 11, 2024, Superior and Boulder County filed a Motion to Remand the case back to state court. The parties briefed the motions and awaited a decision.

In late September, we received the United States Magistrate Judge’s Recommendation to remand the case back down to state court. On October 11, 2024, the United States District Court adopted the Magistrate Judge’s recommendation to remand the case back to state court, finding: “there is no federal question on the face of Plaintiffs’ complaint, the complete preemption doctrine does not apply, and this Court lacks subject matter jurisdiction over Plaintiffs’ claims.”

Following the issuance of the Remand Order from federal court, and with the case now back in state court, Jefferson County & the RMMA Director filed a Motion to Dismiss the case on December 20, 2024. Superior and Boulder County filed our Response in Opposition to Defendants’ Motion to Dismiss on January 24, 2025 and on February 7, 2025, Jefferson County & the RMMA Director filed their Reply in Support of Defendants’ Revised Motion to Dismiss. That motion to dismiss is now fully-briefed and we’re waiting on a decision from the court.

For those interested in reading the relevant legal filings:

• Complaint (March 12, 2024)
• Defendants’  Notice of Removal (March 14, 2024)
• Magistrate Recommendation to Remand (Sept. 26, 2024)
• Remand Order (Oct. 11, 2024)
• Defendants’ MTD (Dec. 20, 2024)
• Plaintiffs’ Response to MTD (Jan. 24, 2025)
• Defendants’ Reply to MTD (Feb. 7, 2025)

Noise Measurements & Data

The Town continues to gather and publish noise measurements on its website.  To review the monthly summaries and access the raw data collected, please visit the Town’s RMMA website.

Reaching the Airport Regarding Noise

If you have been affected by noise from RMMA, please call the noise complaint line at 303-271-4874 or complete an online complaint form at Jefferson County Noise Complaint Online Form. When calling to file a complaint, it is helpful to have the following information:

• Visual details (type of aircraft, tail number, multiple sightings)
• Operations details (takeoff, landing or training)
• Date, time & location of each sighting

Reporting Illegal or Unsafe Aircraft Operations

These incidents should be reported to the FAA Flight Standards District Office (FSDO).

• For more information about the FSDO offices visit the FAA FSDO Page.
• For more information, including contact information to the Denver office see the Denver FSDO Office Page.