10th Circuit Revives Suncor Energy Clean Air Act Lawsuit

• The 10th Circuit has revived a lawsuit against Suncor Energy over air pollution from refinery plants in Colorado.
• The lawsuit seeks to compel Suncor to comply with a 20-year-old consent decree related to the Clean Air Act.
• A three-judge panel at the 10th Circuit overturned a lower court's decision, finding that the diligent prosecution bar was inapplicable.

The lower court applied the diligent prosecution bar to standards and limitations not found in the consent decrees.

A three-judge panel at the 10th Circuit Court of Appeals has overturned a lower court's decision, reviving a lawsuit filed by three environmental organizations against Suncor Energy. The lawsuit seeks to compel Suncor to comply with a consent decree related to air pollution from refinery plants in Colorado. This consent decree was originally entered into between the Environmental Protection Agency and Valero and Conoco Phillips, but those refineries are now owned and operated by Suncor Energy.

The lawsuit centers on allegations that Suncor has failed to meet the terms of the consent decree, which was signed over 20 years ago. The Environmental Protection Agency had entered into this agreement with Valero and Conoco Phillips to address air pollution from their refineries in Colorado. However, when these refineries were acquired by Suncor Energy, the company allegedly neglected to uphold its obligations under the Clean Air Act. The lower court's decision to dismiss the lawsuit was based on an application of the diligent prosecution bar, which the 10th Circuit has now deemed inapplicable.

The revival of this lawsuit sends a clear signal that environmental organizations will continue to push for enforcement of air pollution regulations in Colorado. For companies like Suncor Energy with refinery operations in the state, this decision highlights the potential for increased scrutiny and enforcement under the Clean Air Act. Lawyers advising clients on compliance issues should take note of this development, as it underscores the importance of meeting consent decree obligations and adhering to federal environmental regulations.

Lawyers advising clients with refinery operations in Colorado should be aware of the potential for increased scrutiny and enforcement under the Clean Air Act, following the 10th Circuit's decision to revive this lawsuit.

Source: Original reporting via [Source]