Polis’ administration sued over Adams County air polluters

Two environmental nonprofits, Wildearth Guardians and the Center for Biological Diversity, sued Gov. Jared Polis’ administration this week, alleging that it has taken too long to consider operating permits for air polluters in Adams County.

The lawsuit, filed Wednesday in the 17th Judicial District Court in Adams County, “targets the failure of the Air Pollution Control Division to meet legally required deadlines for reviewing and updating pollution permits,” Matthew Koehler, a spokesman for Wildearth Guardians, said.

The case comes as the Environmental Protection Agency is poised to downgrade the state’s air quality status from “serious” to “severe,” for failing to improve air quality.

Jeremy Nichols, climate and energy program director for Wildearth Guardians, said in a statement that Polis’ administration effectively has given the oil and gas industry a “free pass to pollute.”

Representatives for the governor did not respond to a request for comment immediately.

“For the health of Coloradans and Colorado communities, this delay has to stop; polluters need to be held accountable,” Nichols said.

The lawsuit targets the Wattenberg methane gas processing plant, the Sinclair Denver Products oil terminal, the Phillips 66 Denver oil terminal and the East Regional Landfill.

All four facilities applied for updated operating permits from 2007 to 2020, the lawsuit claims, and the Air Pollution Control Division has taken much longer than the limit of 18 months to grant or deny those applications.

The lawsuit seeks to set deadlines for decisions from the division, the release said.

“If a source of air pollution cannot operate in compliance with state and federal clean air laws, then its operating permit must be denied,” the release said.