Overview
- Environmental groups led by Earthjustice, Colorado GreenLatinos, and the Sierra Club urged the appeals court to allow their case, arguing Colorado has not diligently prosecuted repeated violations.
- The lawsuit cites thousands of alleged emissions exceedances at the Commerce City refinery, including benzene and sulfur dioxide, with disproportionate harm to nearby low-income communities.
- Suncor’s counsel argued that courts should defer to state regulators implementing consent decrees and warned that citizen penalties would curtail agency discretion.
- A U.S. District Court in Denver previously dismissed the suit on the grounds that state enforcement was ongoing, prompting the appeal.
- The three-judge panel questioned both sides on enforcement precedent and diligence before taking the matter under advisement.