DENVER— The Center for Biological Diversity and 350 Colorado sued Gov. Jared Polis’s administration today for failing to ensure two oil and gas facilities in the Denver metro area are complying with state and federal clean air laws.

Both facilities are considered major sources of air pollution and collectively release thousands of tons of toxic emissions, including nitrogen oxides, volatile organic compounds and benzene. The facilities are in communities disproportionately harmed by air pollution and contribute to unhealthy ozone levels in the Denver area.

“The Polis administration is effectively giving the oil and gas industry a free pass to pollute,” said Jeremy Nichols, a senior advocate at the Center for Biological Diversity. “For the health of Coloradans, the state’s foot dragging has to stop. Polluters need to be held to modern pollution control standards so their neighbors can stop choking on these filthy emissions.”

The suit targets two large facilities east of Denver: Magellan Pipeline’s Aurora Terminal, a bulk fuel terminal and tank compound at Smith and Chambers roads; and Crestone Peak Resources’ Mustang Booster Station, an oil and gas processing plant in east Aurora.

Today’s lawsuit, filed in Adams County District Court, targets the Colorado Air Pollution Control Division’s failure to meet legally required deadlines for reviewing and updating air pollution permits for oil and gas processing facilities. Reviewing and updating these permits to ensure the companies are in compliance would likely reduce pollution and improve air quality.

Ozone, a poisonous gas, is the key ingredient of smog and poses myriad health risks. It can trigger asthma attacks, worsen lung disease, and damage respiratory tissue. Seniors, children and active adults are most at risk. The Denver metro area has violated federal health limits on ozone since 2007.

“Toxic air pollution can cause serious health effects ranging from neurologic disease, respiratory compromise, reproductive problems, cancer and more,” said 350 Colorado member Nikita Habermehl, D.O., a pediatric emergency medicine physician. “This is an urgent public health issue and we need action to ensure polluters are held accountable to protect people and communities.”

The facilities are operating under outdated air pollution permits. Both Magellan Pipeline and Crestone applied for new permits in 2023. State and federal laws require the Air Pollution Control Division to grant or deny the permit applications within 18 months, but the agency has not acted.

Today’s lawsuit aims to secure deadlines by which the Air Pollution Control Division must act on the permits and ensure the Aurora Terminal and the Mustang Booster station comply with state and federal clean air laws. If an air pollution source fails to comply with those laws, its operating permit must be denied.

More information about the Center for Biological Diversity’s fight against air pollution is available at Protecting Air Quality Under the Clean Air Act.