Court Asked to Overturn Air Permit for SD Refinery

Three groups opposed to Hyperion Resources' proposed $10 billion oil refinery have asked a judge to throw out a South Dakota board's decision to grant the project an air quality permit.

The state Board of Minerals and Environment approved the air quality permit for the proposed southeastern South Dakota refinery in August.

The appeal filed by the Sierra Club, Save Union County and Citizens Opposed to Oil Pollution argues that the state permit should be ruled invalid because the board did not address some environmental issues. Hyperion has also filed its own court appeal arguing that one part of the permit should be changed.

The refinery would be located near Elk Point. It would process 400,000 barrels of oil a day.