Help Us Finish the Fight

For over 55 years, a coal-fired cement plant has operated in the heart of the Saint Vrain Valley — Boulder County's single largest source of CO₂ emissions, responsible for approximately 7% of local greenhouse gas output, and the subject of four consecutive state enforcement actions totaling nearly $3.5 million in fines.

• Boulder County issued a Cease & Desist Letter to Cemex in April 2024. The letter was issued after an official complaint from SOSVV & Good Neighbors of Lyons (GNL) attorneys.

• The complaint was regarding non-conforming uses by the operators.

• May 2024 Colorado Department of Public Health and Environment (CDPHE) issued $1.39 million.

• May 19, 2026 Boulder County reversed its decision after the fine was issued.

• In May 2026, the state of Colorado fined CEMEX $855,000 for air quality violations in 2024. 

• The County supported its rescission with a single sentence, stating that there was no significant increase in truck traffic since the closure of the Dowe Flats quarry.

• However, the actual 1984 report states 37 daily truck trips, while CEMEX’s own 2023 Traffic Access Study declares that number has exploded to 300+ daily gondola trucks in 2026.

• This is a 700+% increase in truck traffic.

 That’s just the public safety & pollution caused by 700% increase in traffic to Cemex’s non-conforming uses! 

SOSVV & GNL raised many other valid concerns on Cemex’s grandfathered non-conforming status in its original complaint that were not acknowledged by Boulder County. These other non-conforming uses are included in SOSVV’s and GNL’s Notice of Administrative Appeal (below)– File No. ZON-23-0003  (filed 6/17/2026). 

The upcoming appeal hearing is now set for November 4th, 2026. Stay tuned by subscribing below (we don’t do spam–ever). 

 Cemex’s non-conforming uses on appeal:

• The Director’s recent rescission of the County’s prior non-conforming use determination was an abuse of discretion.

• The Director agreed with the plaintiffs in 2024-2026 that the increase in truck traffic at the outdated plant constituted operational changes.

• The Facility’s reliance entirely on raw materials trucked to the site since Dowe Flats mine closure resulted in an alteration of its non-conforming use.

• New stockpiles at the Facility resulted in an impermissible enlargement/expansion of its non-conforming use.

• A major expansion/purported “upgrades” to the Facility between ~1996–2000 resulted in an impermissible expansion of the non-conforming use.

• “Upgrades” to the plant in response to a 2007 Notice of Violation from the Environmental Protection Agency (EPA) have resulted in an impermissible expansion of its non-conforming use.

• A reported near-threefold expansion of the Facility’s “Mobile Equipment Shed” ~2003–2023 resulted in an impermissible expansion of the non-conforming use.

• Other substantial “upgrades” to the Facility since 1996 have resulted in an impermissible expansion of the non-conforming use.

• The Facility has been impermissibly expanded to increase production capacity as confirmed by Cemex’s reported significant increase in air pollution emissions and fees in most recent years.

This coal plant is the single largest source of CO₂ emissions, responsible for approximately 7% of local greenhouse gas output, and the subject of four consecutive state enforcement actions totaling nearly $3.5 million in fines!!! To Cemex that’s just operational costs, a slap on its industrial wrist. 

The BOA must consider & resolve each of these issues as part of our administrative appeal on November 4th. 

CALL to ACTION: 

Submit your thoughts or concerns regarding Boulder County’s rescinding its 2024 Cease & Desist order. ReferencePlanning File No. ZON-23-0003 (be sure to request your comment , email or letter, be included in the administrative land use file for Boulder County Planning File No. ZON-23-0003). 

Contribute to our legal efforts– $26 for 2026 to be the transformational year for the environment, public health and the N. Foothills Conservation Area–the least developed river valley in the front range. Let’s protect and feed two birds with one seed while we have a $20K matching donation. 

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Boulder’s Climate Action Plan (CAP):  

1. Reduce carbon pollution–In line with science-based targets. 2. Strengthen community resilience– “To climate impacts like wildfire, heat, flooding and drought.   

2. Advance climate equity and justice–”So all community members share in the benefits and have a voice in the solutions”.

3. *Boulder’s updated Climate Action Plan states that it targets a 70% reduction in CO2 emissions by 2030, based on 2018 levels, with goals for net-zero by 2035 and carbon-positive city by 2040. 

• *Director Case needs to hone his math skills. Those goals are greenwashing nonsense, and aren’t happening unless Case honors his word by decommissions the Cemex plant because of its numerous violations of its non-conforming uses.