Denver City Council Rejects Suncor Contract, Citing Past Air Pollution

Denver City Council has refused to do business with the Suncor Oil Refinery in Commerce City, citing pollution the company leaks into Denver.

On Monday, May 5, councilmembers voted on a proposed five-year, $25 million contract for Suncor to provide liquid asphalt products for street maintenance projects. However, councilmembers Shontel Lewis and Amanda Sawyer both called out the bill in order to kill it.

“If you live in Denver, you know about the history of Suncor and some of the things that Suncor has done and the harms that it has caused residents of Denver, even though it is in Commerce City,” Sawyer said. “The councils I've been on for the last six years, we have made some pretty clear statements about who we will do business with and who we won't do business with, so imagine my surprise when I saw a contract for $25 million with Suncor.”

According to Councilwoman Jamie Torres, there had been no presentation in committee meetings; the contract had been put on the council's consent agenda rather than being put forward for discussion. There was no chance for the full council to ask questions or examine the proposal until Monday's meeting, but the choice was easy for Sawyer, who said she found the contract "inappropriate."

Sawyer added that she wouldn’t ask other councilmembers to vote against the Suncor deal, but she didn’t have to. Every single member voted against the proposal, anyway, rejecting the contract by a 12-0 vote (Council President Amanda Sandoval was not present).

“I co-sponsored a proclamation for Earth Day two weeks ago to discuss the impacts of environmental justice, which are felt primarily by Black and brown communities,” Lewis said. “I'm a 'no' tonight on this contract, because I do not believe in partnering with an actor that is responsible more than most for the injustices in our history, and who remains to be a major problem for North Denver.”

The Suncor oil refinery has existed since 1931, before Commerce City was an incorporated municipality. Residents have fought for years to shutter the refinery or, at the very least, hold the company accountable for the pollution they argue makes them sick.

According to a lawsuit filed by environmental groups, Suncor broke the terms of the company’s Clean Air Act permit with the state of Colorado over 9,000 times in just five years. Suncor has leaked excess carbon dioxide, sulfur dioxide, volatile organic compounds, nitrogen oxides and hydrogen sulfide in the course of those violations, the lawsuit notes.

Suncor has also leaked dangerous synthetic “forever chemicals” called PFAS into the South Platte River, according to a 2022 study commissioned by an environmental law nonprofit. Though the refinery is in Commerce City, Suncor is just over the Denver border.

“Believe it or not, pollution does not stop at political boundaries,” Councilman Chris Hinds said during the meeting.

Councilwoman Jamie Torres wanted to know why city staff would recommend Suncor for the contract, given the pollution the refinery has caused.

Christina Buster, associate buyer for the city's purchasing division, said Suncor was the lowest responsive bidder out of an open call for bids for the asphalt contract, which ran out at the end of February.

The next-lowest bidder and alternate option, a company called Husky Asphalt, will replace Suncor.

Husky will bring asphalt materials to its Denver plant from its facility in northern Colorado, according to John Essex, interim street maintenance director for the Denver Department of Transportation and Infrastructure. Husky’s path does involve a longer journey than Suncor’s, which is just a few miles from the asphalt plant in north Denver.

The cost increase by going with Husky over Suncor would be about $60,000 per year, or around $300,000 over the course of the contract, Essex estimated. That extra money is worth sending a message to Suncor and potential contractors, according to councilmembers.

“Time and time again, we deal with pollution in Denver that comes from Suncor,” Hinds said. “Time and time again, we're told that there's nothing we can do about Suncor because it is not in the city of Denver. …I feel frustrated that Suncor is our neighbor and there's not much we can do about it. We can pay $60,000 and wait another two to three weeks, and I believe we should.”

Councilman Kevin Flynn wanted to make sure the council's decision wouldn't complicate the city’s street maintenance projects. According to Essex and Buster, DOTI would see minimal interruption, barring any unforeseen complications and a brief consultation with Husky. Once the contract is renegotiated with Husky, the council will have to vote once more to approve the new contract.

Suncor did not reply to a request for comment.