On June 19, 2020, Judge Christie Bachmeyer of the Jefferson County, Colorado District Court issued a decision finding that Firm client the City and County of Denver had breached certain terms of the 1988 Intergovernmental Agreement that enabled the creation of Denver International Airport (DEN).  The Agreement creates a unique set of noise standards that have never been used elsewhere.  Denver is required to assess whether noise from DEN aircraft exceed specified noise levels at 101 points located as far 15 miles from DEN.  The noise standards are far below noise standards commonly used to assess noise from aircraft.  The Court held that the noise modeling system Denver had been using since DEN opened in 1995 did not comply with the Agreement because it did not use noise monitors to calculate compliance with the contractual noise levels.  The Court awarded Adams County $33.5 million in liquidated damages plus interest. 

Because the Agreement is a unique contract between Denver and Adams County, the decision is not expected to have legal implications for other airports.  Denver is currently considering its legal options, including appeal.  Eric Pilsk represented Denver in the trial.

Please contact Eric Pilsk or Steve Kaplan if you have any questions about the matter.