Environmental groups claimed in a federal lawsuit filed Tuesday that Suncor Energy violated federal law by exceeding its air pollution permits at its Commerce City refinery, harming the health of nearby residents.
The lawsuit also accused the U.S. Environmental Protection Agency and state environmental regulators of failing to stop the pollution.
Earthjustice, an environmental legal group, filed the 78-page complaint in the U.S. District Court of Colorado on behalf of GreenLatinos, 350 Colorado and the Sierra Club. In June, the groups informed Suncor and the EPA of their intent to sue under the U.S. Clean Air Act and its “citizen provision,” which allows residents to sue polluters directly in court.
“The Clean Air Act exists to protect communities from serial polluters and those communities have to step in to ensure Suncor’s pollution limits are actually enforced,” Ian Coghill, a senior attorney in Earthjustice’s Rocky Mountain Office, said in a statement.
According to the complaint, Suncor exceeded federal emissions standards more than 9,000 times since 2006. Those violations include releases of pollutants like hydrogen sulfide, which can cause death in high concentrations, carbon monoxide, which can cause a slew of health issues, and benzene, which can cause cancer, Earthjustice wrote in the lawsuit.
The operation — Colorado’s only oil and gas refinery — is near the Denver neighborhoods Globeville and Elyria-Swansea, which Colorado classifies as “disproportionately impacted” by air pollution.
Each year, the refinery emits hundreds of tons of hazardous pollutants into the environment, according to the complaint. A 2014 Denver Department of Environmental Health report found that residents near the refinery had higher rates of asthma, cardiovascular disease and diabetes than compared to other Denver neighborhoods.
“Pollution from Suncor is contributing to these health hazards, and it’s vital these people not face this kind of pollution,” said Ramesh Bhatt, chair of the Sierra Club’s Colorado Conversation Committee.
Suncor Energy did not return CPR News’ request for comment.
The lawsuit is just the latest in a string of legal and enforcement actions placing Suncor under scrutiny. In July, state and federal authorities alerted Suncor of potential pollution violations at the refinery. In June 2023, an EPA report found that the refinery malfunctioned and released more pollution compared to similar facilities around the country. In February, the company agreed to pay $10.5 million to Colorado to settle air quality violations between July 2019 and June 2021.
The Suncor refinery can process 98,000 barrels of oil a day. Almost 70,000 people live within roughly three miles of the refinery, according to the lawsuit.
“We want the legal system to act quickly to make sure that the people around Suncor are not suffering anymore,” Bhatt said
- The EPA is considering a new air pollution crackdown against Suncor’s Commerce City refinery
- Suncor Energy agrees to the largest air pollution penalty in Colorado history
- Suncor has more pollution problems than similar U.S. refineries, new EPA report finds
- Suncor Energy agrees to the largest air pollution penalty in Colorado history
- To improve Colorado air quality, state Democrats propose overhaul targeting pollution from Suncor, oil and gas
