Hyperion opponents file appeal

SIOUX FALLS (AP) — Several organizations opposed to a proposed $10 billion oil refinery in southeastern South Dakota say they are taking their case to the South Dakota Supreme Court.

Save Union County, the Sierra Club and Citizens Opposed to Oil Pollution filed paperwork Monday appealing the decision by Circuit Court Judge Mark Barnett to uphold the air quality permit for Hyperion Resources, according to a story published Thursday on The Argus Leader website (http://argusne.ws/wiG3un).

"The issues that we raised are the ones we feel the circuit court did not adequately address. We tried to reduce the number of items the court has to consider," said Ed Cable, spokesman for Save Union County.

Barnett had ruled in February that the state Board of Minerals and Environment did not make any mistakes in issuing an air quality permit to Hyperion Resources.

Barnett also upheld the board's decision to extend the deadline for starting construction on the project until March 2013.

Hyperion is also expected to appeal one aspect of the permit they have challenged in the past, said Hyperion spokesman Eric Williams. He said the company will file an appeal sometime this week challenging whether a limit on carbon monoxide emissions from the refinery's large process heaters is technically achievable.

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