In re Application of Hyperion Refining, LLCAnnotate this Case
Hyperion Refining, LLC applied for an air quality permit to begin construction of a proposed petroleum refinery and power plant. The Department of Environment and Natural Resources (DENR) issued the permit, and the Board of Minerals and Environment (Board) approved DENR's issuance of the permit. Three citizens appealed the issuance of the permit to the circuit court. Hyperion also appealed a permit condition that limited the amount of carbon monoxide that could be emitted from the proposed facility. The circuit court affirmed the Board's decision in all respects. The citizens and Hyperion appealed. The Supreme Court affirmed, holding (1) the Board did not abuse its discretion in issuing the air quality permit; and (2) the Board did not clearly err in determining the carbon monoxide limit.