June 5 (Reuters) - Environmental groups filed notice on
Wednesday to sue Canadian oil producer Suncor Energy ( SU )
under the U.S. Clean Air Act for repeated air pollution
violations at its Commerce City, Colorado, refinery.
The organizations, represented by environmental law
non-profit Earthjustice, said they will bring a civil suit
against Calgary-based Suncor over more than 1,000 emission
violations that Earthjustice said Suncor reported to the state
of Colorado between January 2019 and December 2023.
Under the Clean Air Act, members of the public must give 60
days' notice to the entity they intend to sue before filing a
lawsuit.
Commerce City near Denver has Colorado's only refinery,
processing 98,000 barrels of oil per day.
The facility has been dogged by problems in recent years
including a fire in December 2022 and complaints from residents
about air-quality issues.
"If someone was given 1,000 speeding tickets, we'd take away
their license," said Margaret Kran-Annexstein, director of
Colorado Sierra Club, one of the groups that intends to sue
Suncor.
Suncor has said it is implementing improvements to address
the refinery's emissions as part of a 2020 settlement with
Colorado's public health and environment department.
Ian Coghill, a senior attorney with Earthjustice, said the
groups are seeking civil penalties from Suncor and to deter the
refinery from further air pollution violations.
"The state has taken action against Suncor but it doesn't
seem to have changed anything," Coghill said. "What we're
looking for is to hold Suncor accountable and (find) meaningful
deterrents to bring Suncor into compliance."
Coghill said the maximum penalty for every day of violation
under the Clean Air Act is up to $121,000 and the suit is
alleging 9,000 days of violations.
In February the state of Colorado fined Suncor $10.5 million
for violating air pollution laws between 2019 and 2021.