By Staci DaSilva
sdasilva@kcautv.com
A proposed billion dollar oil refinery took it's case to the South Dakota Supreme Court Wednesday.
The topic: Hyperion's air quality permit.
Opponents argue the company should not have been granted one without an Environmental Impact Statement and that its extension is invalid due to deadlines.
But Hyperion says an impact statement is not required by law and it requested its extension within the deadline.
Right now it's unknown when the court will make a decision.
For years, Hyperion has planned on building a refinery near Elk Point, South Dakota, but just this week it let its land option expire.
Some people have speculated that it could mean an end to the project in this area. But we've found out that's not the case.
Hyperion Vice President Preston Phillips said, "Hyperion's committed to building this project in Union County, SD. It's going to bring a tremendous amount of economic opportunity, over 1,800 permanent jobs."
This comes after some surprising news from Hyperion this weekend.
You see, years ago, Hyperion made a deal with interested landowners in the area that said once the project is finalized, Hyperion would buy their land.
Well, that agreement expired on Sunday and Hyperion says its because of continuing concerns from the landowners.
Phillips said, "We've been dealing with some ongoing issues with real estate and we plan to continue talking with the land owners and we hope to resolve those issues."
But its possible those landowners are no longer interested in the land option.
The project has been highly controversial in Elk Point and the rural area surrounding it.
And one opponent says those who signed on in the beginning have changed their minds.
Ed Cable of the opposition group "Save Union County" said, "They are ones that I'm not sure ever supported the project but unfortunately had signed land options who no longer support the project in any way and are no longer interested in signing future options."
Hyperion Vice President Preston Phillips says Hyperion's still committed to starting construction before the March 15th deadline.
