Colorado Fights Big Oil for Home-court Advantage

BOULDER, Colo. — Just north of Denver, Colorado, in Commerce City, is an oil refinery owned by Suncor Energy. As the state’s only major refinery, Suncor boasts that their facility processes approximately 98,000 barrels per day, operating 24/7, 365 days a year.

As the refinery pumps gases and air pollutants into the atmosphere, surrounding communities are experiencing an increase in reported health issues and natural disasters. 

The cost of combatting these impacts falls on cities and local municipalities — and their taxpayers. In 2018, Boulder County, San Miguel County, and the City of Boulder filed a lawsuit against Suncor Energy and ExxonMobil for  knowingly contributing to the acceleration of climate change.

Colorado’s Supreme Court ruled 5-2 last year that federal law does not preempt the plaintiffs’ claims, allowing the case to proceed to the discovery phase and towards trial. However, the oil companies appealed the decision, claiming that federal laws, like the Clean Air Act, preempt state laws and thus should be dismissed. In February, the US Supreme Court agreed to consider whether Colorado law is preempted and whether it can issue a ruling before the case has gone to trial.

Should the court rule in the oil giants’ favor, the precedent it sets would dismiss not only Colorado’s claim that the decision should be made at the state level, but would also lead to the dismissal of similar cases across the country and provide them with legal protection against those and future suits. 

Boulder’s mayor, Aaron Brockett, explained that the city has experienced “more extreme weather, increased wildfire risk and growing strain on critical infrastructure,” in part due to increased greenhouse gas emissions by organizations like Suncor and Exxon. 

According to Brockett, local taxpayers are feeling the brunt of these expenses.

“The problems are just getting worse,” he said, “We have filed this lawsuit against Suncor and Exxon to hold those companies accountable for some of the damages that they’re causing our communities, because the taxpayers shouldn’t have to foot all of those bills.” 

In December 2021, Boulder experienced the most destructive wildfire in the state’s history, the Marshall Fire. It killed two people and destroyed a thousand homes, Brockett said. He also described “an absolutely devastating set of floods in our region” that took place in 2013, unleashing over 18 inches of rain in Boulder County over a five-day period. Due to its geography, the city has the highest risk of flash flooding in the state, and flooding in the state is predicted to worsen in the future.

Braden Hellewell, a volunteer with climate group 350 Colorado, leads a committee within the organization which focuses on holding Suncor and other polluters within the state accountable. He said that the Suncor refinery is the largest polluter within the state of Colorado, “and it’s not very close.”

“These neighborhoods are really, really suffering from the pollution of Suncor, particularly the air pollution,” Hellewell said. “The air quality is really not good, and there have been a few studies that have tried to track health metrics within these neighborhoods…and it doesn’t look good.” 

Hellewell claimed that the area faces disproportionate asthma, cancer and general hospitalization rates.

The Supreme Court will decide whether this case can be considered in Colorado at the state level or if it should be considered a federal issue like Suncor and Exxon are arguing, with oral arguments scheduled for the fall and a decision likely to come in summer 2027. 

“We should have a federal government that makes and enforces laws that help its people in their pursuit of life, liberty, and happiness. Holding the polluters accountable for what they’re willfully doing addresses all three of those things,” Hellewell said. “If the federal government won’t hold them accountable, then state and local governments should have that right.” 

Ashley Stolzmann, Boulder’s County Commissioner, echoed that sentiment, claiming that they have “legitimate claims under state law” that must be heard in state court.

“The U.S. Supreme Court must allow our case to continue, not bail out the oil companies before hearing the facts,” she wrote in a statement. 

However, Brockett says he is “hopeful and confident” that Boulder will be successful in this next stage. 

As this case awaits its fate at the hands of the Supreme Court, both the city of Boulder and the state of Colorado at large have other sustainability efforts in the works. Brockett said that Boulder is hoping to reduce carbon emissions to net-zero by 2030.

Hellewell also said the state just passed HB26-1226, legislation that will manage emissions from plants or places that generate electricity, with the restrictions decided by December 2029 and implemented by December 2034.

“Eight years is hard to think about in some ways, but at the same time, we have something concrete, where there will be emission limits for anybody creating electricity and that’s a great thing,” he said. 

But Boulder’s case against the oil giants is still a critical battleground for the area, and one that could set a significant precedent for other municipalities facing similar challenges. 

“Because the greatest harm is always done to the people who have the least power to protect themselves, it is appropriate and necessary for their local government to step up and protect them from future harm,” said Quinton Zondervan, Policy Director at Run on Climate.

“If sufficient damages are awarded, this would cause these companies to adjust their business models and business practices to limit their exposure. Ideally, that would mean they would get out of the fossil fuel business entirely, allowing all of us to breathe easier.”

*Cover image depicts Suncor Refinery in Commerce City, courtesy of Wikimedia Commons