The Colorado Air Quality Control Commission got hit with a lawsuit this week challenging a rule for air permits in disproportionately impacted communities.
when it created a new rule for air permits in disproportionately impacted communities earlier this year, say some environmental groups.
The Environmental Justice Act, passed in 2021, aims to correct historical inequities and protect communities from pollution. It directed the AQCC to adopt enhanced modeling and monitoring requirements in disproportionately impacted communities, such as the neighborhoods around Suncor. Ian Coghill, one of the Earthjustice attorneys in charge of the suit, says that the statute clearly intends for monitoring to be source-specific rather than just occurring in these communities.Bella Romero [Academy]
This is why she’s suspicious about whether fees — hovering around a maximum of $5,000 per permit — will actually provide enough funding to implement air monitoring at all. Environmental groups also take issue with the fact that the AQCC ruling didn’t apply the stricter permit requirements to any hazardous air pollutants other than benzene, toluene, ethylbenzene and xylene, which are specifically named in the law. Although the Environmental Justice Act allows the commission to do so, it didn’t — despite the groups suggesting several that would be relevant.
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