CO environmental groups appealing Suncor pollution case

Last week, oral arguments were heard in federal court for an appeal in a case against Suncor refinery. The case, which was dismissed back in 2024, argues that Colorado isn’t doing enough to regulate Suncor’s pollution law violations.

KGNU’s Abby O’Brien spoke with Ian Coghill, a senior attorney with Earthjustice and one of the attorneys in the case, to learn more.

Earthjustice, Colorado GreenLatinos, Sierra Club and others filed a lawsuit against the Suncor oil refinery in Commerce City for violations of the Clean Air Act.

SunCor has a history of such violations at its refineries, Coghill said, raising concerns in the community that justice and change may never come.

“ The flares that everyone can see when you’re going past Suncor, right? You see just flames up on the top of those flares. Those flares also often violate limits that are designed to make it so that they’re actually burning up the pollution before it’s coming out,” said Coghill. “When they violate those limits, a whole host of hazardous air pollutants come out: really toxic stuff like benzene and things that are supposed to be taken care of by those flares and aren’t, because they’re not burning hot enough or they’re not operating properly.”

Last Wednesday, the 10th U.S. Circuit Court of Appeals heard oral arguments. Now, the case awaits a ruling. This is expected to take several months, and then the court will send the case back to the district court, if it proceeds.

This story aired on The Morning Magazine, KGNU’s weekday morning show featuring local news and community members. Click here to listen to other episodes of The Morning Magazine.