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Suncor faces lawsuit by environmental groups over repeated air pollution violations

The Commerce City oil refinery has a "very long history of violations, and clearly what the state has been doing isn't stopping them,” says a lawyer representing the environmental groups

COMMERCE CITY, Colo. — Suncor Energy’s air pollution violations at its oil refinery in Commerce City will soon be considered in a citizen lawsuit planned by environmental groups.

The groups – Green Latinos, 350 Colorado and Sierra Club – are represented by the nonprofit law firm Earthjustice. They intend for the lawsuit to hold Suncor accountable for alleged repeated violations of the federal Clean Air Act over the last five years. The violations include more than 1,000 emissions of hazardous air pollutants exceeding limits set by state and federal regulations.

Suncor Energy refinery
Suncor Energy’s oil refinery in Commerce City has repeatedly settled with state and federal regulators over air pollution violations. But environmental groups looking to sue Suncor say the penalties haven’t been enough.

“The Clean Air Act allows the most affected people to step in when the governments either can’t or won’t enforce the laws sufficiently,” said Earthworks lawyer Ian Coghill.

When community groups bring a citizen suit like this, they step into the shoes of regulators, Coghill said.

On Wednesday, they started the legal process by sending a “notice of intent to sue” to Suncor, Colorado’s Air Pollution Control Division and the U.S. Environmental Protection Agency (EPA).

https://ewscripps.brightspotcdn.com/26/a8/0e7755a7431c85fadef17d412213/2024-06-05-suncor-enf-noi-final.pdf

The notice “gives 60 days for the state or EPA to decide whether they’re going to file a lawsuit instead,” Coghill said. It can also give Suncor an opportunity to take action to “get a handle on what’s coming out of those stacks,” he said.

After the 60 days are up, the environmental groups can move forward with their lawsuit if neither the state nor federal government steps in.

Read the rest of this story and watch the accompanying video on Denver7.com

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