Success! 350 Colorado’s citizen suit lawsuit, filed last fall with our partners at the Center for Biological Diversity, has successfully forced the Colorado Air Pollution Control Division to issue overdue Clean Air Act permits to two oil and gas facilities operating in the Denver metro area. This is an important first step in the process to hold the polluters and our state regulators accountable for deadly midstream oil & gas pollution harming Colorado communities. 

In September 2025, 350 Colorado sued the Division for failing to ensure that two oil and gas facilities in the Denver metro area were operating in accordance with state and federal clean air laws. The lawsuit challenged the Division’s failure to meet legally required deadlines for issuing updated air pollution permits for the two facilities: Magellan Pipeline’s Aurora Terminal and Crestone Peak Resources’ Mustang Booster Station. Both facilities applied for new permits in 2023, but the Division failed to act on the applications within the mandatory 18-month timeline. 

Without updated permits, the facilities continued operating without enforceable limits necessary to ensure compliance with clean air laws. Both facilities are considered major sources of air pollution, releasing several thousands of tons of toxic pollutants per year, including nitrogen oxides, volatile organic compounds, and benzene. These emissions contribute to the unhealthy ozone pollution levels in the Denver metro area. 

The Denver metro area has exceeded federal health limits for ozone pollution since 2007. In 2025, the American Lung Association named the Denver metro area the 6th most ozone-polluted area in the nation for the third year in a row. Ozone pollution is linked to serious negative health impacts, including premature death, asthma attacks, heart attacks and strokes, and other serious health impacts. 

As a result of the lawsuit, the Colorado Air Pollution Control Division issued operating permits to the two facilities. The new permits will go into effective April 1, 2026. The permits require the facilities to operate in compliance with state and federal clear air laws and set limits and requirements specific to each facility. The issuance of the permits means that now groups like 350 Colorado can take further action to enforce the law, such as challenging any permit conditions which are unverifiable, or which would fail to result in compliance with clean air laws.  

Ensuring these facilities are in compliance with clean air laws will reduce pollution and improve the air quality and environmental health of the Denver metro area. It is critical that the Division no longer give oil and gas facilities like Mustang and Magellan a free pass to pollution Colorado.