
A three‑judge panel of the Colorado Court of Appeals largely upheld the dismissal of Town of Superior v. Board of County Commissioners of Jefferson County, ruling that federal law preempts state- or local-imposed restrictions on aircraft operations and noise at Rocky Mountain Metropolitan Airport.
The plaintiffs had argued state courts could fashion injunctive relief under state nuisance and related theories to address impacts from flight training and other airport activity. The appellate court reaffirmed that, where federal law occupies the field of aviation safety and operations, state and local attempts to impose overlapping requirements or injunctions are barred.
The panel partially remanded the case to allow further consideration of claims related to alleged lead emissions from airport operations, finding those environmental concerns may not be preempted and could support injunctive relief under state law.
The decision highlights the limits of local regulatory power over federally governed aviation activities while signaling state courts can still address environmental and public health issues associated with airport operations.