Environmental groups file lawsuit against Commerce City’s Suncor Energy alleging violations of the Clean Air Act

DENVER — Local residents and environmental groups have filed a lawsuit against Suncor Energy in Commerce City, accusing the company of repeatedly violating the Clean Air Act.

In early June, Green Latinos, 350 Colorado and the Sierra Club, represented by the nonprofit law firm Earthjustice, announced their intention to sue Suncor, one of Colorado’s biggest contributors to air pollution, for repeated violations.

Please see our report on this announcement below.

Suncor faces lawsuit from environmental group over repeated air pollution violations

The lawsuit was formally filed on Aug. 6. The refinery, located on Brighton Boulevard near Sand Creek, is the state’s only oil refinery.

The lawsuit alleges that Suncor failed to control harmful emissions from its Commerce City refinery, causing long-term harm to nearby communities.

“Suncor’s contaminants pose ongoing health threats to residents living near the refinery, particularly communities of color who are more likely to be economically disadvantaged,” Earthjustice said. “Residents in nearby zip codes have disproportionately higher rates of asthma, cardiovascular disease, and diabetes.”

Read the full lawsuit below.

According to the complaint, before filing the lawsuit, Earthjustice and its clients compiled records showing more than 9,000 days when Suncor allegedly violated the Clean Air Act.

“This includes exceeding federal limits for airborne particulate matter, toxic substances such as benzene and formaldehyde, and other dangerous pollutants,” the group said. “In 2020 alone, Suncor refineries 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.”

The U.S. Environmental Protection Agency (EPA) has issued a Notice of Violation to Suncor. July 2 The fines for the same violations were levied, according to Earthjustice, and the Colorado Department of Public Health and Environment said they came following an October 2023 Clean Air Act inspection of Suncor led by the EPA and incorporated by the Colorado Department of Public Health and Environment.

The newly filed citizen lawsuit seeks redress for past violations and hopes to deter future violations of the Clean Air Act.

If the lawsuit goes in the environmental groups’ favor, Suncor could be required to pay a civil penalty to the U.S. Treasury. Unlike most other civil lawsuits, the groups suing are not eligible to receive any money directly.

Denver7 reached out to Suncor, who responded: “We are aware of the complaints and are reviewing the matter.”

According to the EPA, citizens across the U.S. have initiated nearly 350 Clean Air Act legal proceedings since 2013, with about 200 cases ongoing. The EPA has previously brought several enforcement and compliance actions against the Suncor refinery.

The Colorado Department of Public Health and Environment has filed multiple enforcement actions against Suncor since 2011. Earlier this year, Suncor agreed to settle a series of air pollution violations with Colorado regulators. The fines were the largest ever imposed on a single facility in Colorado, totaling $2.5 million in penalties and $8 million in local project costs. Suncor also paid a $9 million settlement in 2020, also the largest in the state’s history, for air pollution violations. Suncor also settled air pollution violations with the EPA last year for a $300,000 fine.