Colorado residents living in the shadows of one of the state’s largest industrial polluters will finally get their day in court.

The 10th U.S. Circuit Court of Appeals has ruled in favor of a citizens lawsuit alleging Suncor Energy failed to control pollution at its Commerce City refinery, resulting in long-lasting harm to surrounding communities.

Ian Coghill, senior attorney for the environmental law organization Earthjustice, said the Clean Air Act guarantees communities harmed by air pollution can participate in stopping the pollution if the government fails to enforce violations.

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"Unfortunately, the enforcement efforts that have happened up to this point by the state and the federal government just haven't fixed the problem at all. The actual fines and requirements just haven't changed the way Suncor is operating," Coghill contended.

Last year, a U.S. District Court in Denver dismissed the case brought by a coalition of environmental groups, agreeing with Suncor that federal and state agencies were enforcing pollution laws so residents could not jump in. The appeals court disagreed, in part because the last time the government took Suncor to court for violations was more than 20 years ago. Suncor has not yet responded to a request for comment.

Coghill noted the refinery’s neighbors, predominantly low-income households and communities of color, face ongoing health threats. He pointed to disproportionately high rates of asthma, cardiovascular disease and diabetes in surrounding ZIP codes.

"People just having these constant headaches and nosebleeds and respiratory problems and all of those types of symptoms are connected to exactly the kinds of pollution that comes out of Suncor's refinery," Coghill explained.

A growing number of plaintiffs are turning to the courts as a backstop against powerful fossil fuel interests. The city of Boulder has joined 11 states and dozens of municipal and tribal governments in suing oil and gas companies for the costs of climate change and deceiving the public about the dangers of fossil fuels.

A new bill making its way through Congress, endorsed by industry groups including the American Petroleum Institute, would grant corporations broad immunity from lawsuits.