Legalectric

The South Dakota Hyperion Refinery and IGCC plant, “affectionately” known as the Gorilla project, is being challenged by Sierra Club, Save Union County, and Citizens Opposed to Oil Pollution, and here is a link to watch/hear the arguments before the South Dakota Supreme Court, a BIG thank you to Sioux Falls’ Arugs Leader for putting up this link (I lost it 2/3 of the way through, and am trying to get back there):

Hyperion Supreme Court Arguments

Sierra Club, et al., are represented by Gabrielle Segal and Robert Graham, There’s a really annoying 60 cycle hum, grrrrrrrrrr…

WOW, at least one judge on this case doesn’t understand the difference between the South Dakota state PSC’s construction permit, an air permit, and an Environmental Impact Statement, another asked a surprising question about authority, I’d guess this hasn’t come up often in South Dakota.  Looks like there’s very little understanding of what the scope of environmental review should be and how environmental review fits within permitting review for a project, questions about jurisdiction and authority.  Oh my… the judge on the far right is astounding ignorant of fundamental administrative and permit law, and it seems he’s looking to limit what is under review in this case… oh… my… dog..

Sierra Club Hyperion timeline

All the attorneys are doing a good job, direct and specific responses to questions, well argued.  But the questions from the Supreme Court justices…. very disturbing… seems they’ve not read the briefs or looked up the statutes at issue.

A few reports in the media:

South Dakota Supreme Court asked to strike down permit

Hyperion “committed” to building in Union County South Dakota

There’s a repository of info in this case on the Sierra Club’s Hyperion site, but it takes a password to get into it, so I’ve requested, am waiting, and will post more info as it becomes available.