FOR IMMEDIATE RELEASE :   Friday, February 10, 2012    
CONTACT:   Sara Rabern,  (605) 773-3215

Board of Minerals and Environment Air Quality Permit Upheld

PIERRE, S.D.  – Attorney General Marty Jackley announced today that 6th Circuit Court Judge Mark Barnett upheld the South Dakota Board of Minerals and Environment’s air quality permit in the Matter of the Prevention of Significant Deterioration (PSD) Air Quality Permit Application of Hyperion Energy Center- Hyperion Refining LLC- permit #28.0701.   The Court was unable to find any error in the findings of fact and conclusions of law of the Board of Minerals and Environment. All issues presented by the defendants in this case were correctly addressed by the South Dakota Division of Environment and Natural Resources.

This matter may be subject to appeal to the South Dakota Supreme Court by all parties.
 

-30-