A group of environmental organizations has filed a lawsuit against the Suncor refinery in Commerce City under a provision of the federal Clean Air Act allowing citizens to seek a court ruling requiring a polluter to comply with the CAA if the EPA and state authorities fail to enforce the law.

Represented by Earthjustice, plaintiffs GreenLatinos, the Sierra Club, and 350 Colorado allege Suncor has repeatedly exceeded emissions limitations on pollutants like sulfur dioxide, carbon monoxide, oxides of nitrogen, volatile organic compounds, and particulates over the last five years.

“Our members have been very concerned about the pollution from Suncor for years,” said Heidi Leathwood of 350 Colorado in a statement. “Their health concerns have been ignored for too long. No matter how many times Suncor is sanctioned they continue the same pattern of exceeding their permit limits without regard for the community. It’s time for that to end.”

The lawsuit characterizes the surrounding communities as “Disproportionately Impacted Communities” under Colorado’s Environmental Justice Act, including the North Denver neighborhoods of Elyria, Swansea, and Globeville, as well as Commerce City in Adams County.

The group listed two dozen toxic substances it claims can harm human health, including mercury, benzene, lead, and hydrogen cyanide.

The complaint says, “In 2020 alone, the refinery emitted approximately 25 tons of hazardous air pollutants, 500 tons of CO, 650 tons of NOx, 125 tons of PM, 450 tons of volatile organic compounds (“VOCs”), and 230 tons of SO2.”

While the complaint points out known possible health risks to residents around the plant such as asthma, cardiovascular disease, and diabetes, it does not causally link refinery emissions to any illnesses or diseases in specific people living in the area.

Earthjustice said in a news release, “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. Residents of neighboring ZIP codes suffer disproportionately from high rates of asthma, cardiovascular disease, and diabetes.”

The group identified dozens of refinery components subject to emissions limits that violated the limits over the five-year period based on regular reports on emissions exceedances filed by Suncor as part of state and federal reporting requirements.

The lawsuit lists 28 specific claims and asks the court to order Suncor to “take all actions necessary to operate the refinery in compliance with its permit terms and the Clean Air Act.”

The groups also ask the court to order Suncor to “take other appropriate actions,” including beneficial mitigation to remedy, mitigate, or offset harm “to public health and the environment caused by the violations of the CAA.”

Finally, the complaint asks the court to assess a civil penalty of up to $121,275 per day, per violation, and attorneys’ fees.

In a statement to The Denver Gazette, Taylor Gillespie, public affairs director for EPA Region 8, said, “The federal and state governments recently issued a joint 140-page Notice of Violation to Suncor for extensive alleged air violations. This is the most significant step that EPA has taken against Suncor for repeated alleged air violations. We are also reviewing a copy of the complaint filed today by Earthjustice.”

“We are aware of the complaint and are reviewing the matter,” said Leithan Slade, senior advisor for corporate communications for Suncor Energy in a statement.