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IN RE PSD AIR QUALITY PERMIT APPLICATION

Nos. 26290, 26293.

826 N.W.2d 649 (2013)

2013 S.D. 10

In the Matter of the PREVENTION OF SIGNIFICANT DETERIORATION (PSD) AIR QUALITY PERMIT APPLICATION OF HYPERION ENERGY CENTER — Hyperion Refining, LLC — Permit #28.0701 — PSD.

Supreme Court of South Dakota.

Decided January 23, 2013.

Attorney(s) appearing for the Case

Marty Jackley , Attorney General, Roxanne Giedd , Deputy Attorney General, Pierre, South Dakota, Attorneys for appellee South Dakota Department of Environment & Natural Resources.

Marty Jackley , Attorney General, Charles D. McGuigan , Chief Deputy Attorney General, Pierre, South Dakota, Attorneys for appellee South Dakota Board of Minerals and Environment.

Frederick W. Addison, III , Amy L. Rickers of Munsch, Hardt, Kopf & Harr, PC, Dallas, Texas, and Todd Meierhenry of Meierhenry Sargent, LLP, Sioux Falls, South Dakota, Attorneys for appellee Hyperion Refining, LLC.

Robert L. Graham   Gabrielle Sigel of Jenner & Block, LLP, Chicago, Illinois, John H. Davidson, Jr. , Vermillion, South Dakota, and Sam E. Khoroosi , Sioux Falls, South Dakota, Attorneys for intervenors and appellants Sierra Club, Save Union County, and Citizens Opposed to Oil Pollution.

Marty Jackley , Attorney General, Roxanne Giedd , Deputy Attorney General, Pierre, South Dakota, Attorneys for appellee South Dakota Department of Environment & Natural Resources.

Marty Jackley , Attorney General, Charles D. McGuigan , Chief Deputy Attorney General, Pierre, South Dakota, Attorneys for appellee South Dakota Board of Minerals and Environment.

Frederick W. Addison, III , Amy L. Rickers of Munsch, Hardt, Kopf & Harr, PC, Dallas, Texas, and Todd Meierhenry of Meierhenry Sargent, LLP, Sioux Falls, South Dakota, Attorneys for appellant Hyperion Refining, LLC.

ZINTER, Justice.

[¶ 1.] The Board of Minerals and Environment (Board) authorized the Department of Environment and Natural Resources (DENR) to issue an air quality permit to Hyperion Refining, LLC (Hyperion). The permit was necessary for Hyperion to begin construction of a proposed petroleum refinery and power plant. Three citizens groups appealed to circuit court. Hyperion also appealed a permit condition limiting the amount of carbon monoxide that could be...

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