DENVER — Community members and environmental groups have filed a lawsuit against Suncor Energy in Commerce City alleging it has repeatedly violated the Clean Air Act.
The groups — Green Latinos, 350 Colorado and Sierra Club, all represented by the nonprofit law firm Earthjustice — announced in early June that they intended to sue Suncor, which they said is one of the greatest sources of air pollution in the state, for repeated violations.
Watch our reporting below on that announcement.
The lawsuit was officially filed Aug. 6. The refinery is located on Brighton Boulevard near Sand Creek. It is the only petroleum refinery in the state.
The lawsuit argues that Suncor failed to control the hazardous emissions from the refinery in Commerce City, which has caused long-term harm to nearby communities.
"Suncor’s pollutants pose an ongoing health threat to the refinery’s neighbors, predominantly communities of color who are more likely to be economically disadvantaged," Earthjustice said. "Residents of neighboring zip codes suffer disproportionately from high rates of asthma, cardiovascular disease, and diabetes."
Read the full lawsuit below.
Before filing the lawsuit, Earthjustice and its clients documented more than 9,000 days where Suncor allegedly violated the Clean Air Act, according to their complaint.
"That includes exceedances of federal limits of airborne particulate matter, toxic emissions like benzene and formaldehyde, and other dangerous pollutants," the group said. "In 2020 alone, the Suncor refinery emitted approximately 20 tons of hazardous air pollutants, 500 tons of carbon monoxide, 50 tons of nitrogen oxides, 125 tons of particulate matter, 450 tons of volatile organic compounds, and 230 tons of sulfur dioxide."
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The U.S. Environmental Protection Agency (EPA) issued a Notice of Violation to Suncor on July 2 for the same violations, Earthjustice said. Colorado's Department of Public Health and Environment said this came in the wake of an October 2023 Clean Air Act inspection at Suncor, which was led by the EPA and incorporated the CDPHE.
The newly filed citizen lawsuit seeks remediation for past violations and hopes to stop any future violations of the Clean Air Act.
If this lawsuit is successful for the environmental groups, Suncor could face civil penalties it would be required to pay out to the U.S. Treasury Department. Unlike most other civil lawsuits, the groups suing aren’t eligible to receive any money directly.
Denver7 reached out to Suncor. They responded: "We are aware of the Complaint and are reviewing the matter."
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Citizens across the United States have started the process of suing under the Clean Air Act nearly 350 times since 2013, and almost 200 lawsuits have moved forward, according to the EPA. The EPA previously took several enforcement and compliance actions regarding the Suncor refinery.
Colorado's Department of Public Health and Environment has taken several enforcement actions against Suncor since 2011. Earlier this year, Suncor agreed to settle a slew of air pollution violations with Colorado regulators. The penalty was Colorado's biggest ever against a single facility: $2.5 million in fines and $8 million for community projects. Suncor previously paid the state’s previous record settlement of $9 million in 2020, also for air pollution violations. Suncor also settled with the EPA last year over air pollution violations — that fine was $300,000.
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