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Opponents of a proposed $10 billion oil refinery in southeastern South Dakota on Wednesday asked the state Supreme Court to strike down a state permit that would let a Texas company to begin construction.

Gabrielle Sigel, an attorney for three groups fighting the Hyperion Energy Center, said the Board of Minerals and Environment erred when it approved an air quality permit last year because its study did not include a full-blown environmental impact statement.

Sigel said the refinery would be the largest industrial project in state history and that the preparation of an impact statement should involve other agencies and evaluate a project's broader effect. State officials abused their discretion by bypassing that process, she said.

Attorneys for Hyperion and the board countered that an environmental impact statement is not required by state law that and board members took into account all relevant environmental issues when issuing the air quality permit.

The state Department of Environment and Natural Resources can require an impact statement but decided it wasn't necessary. "The board agreed," said Rick Addison, a Dallas-based attorney representing Hyperion.

Pa. high court revisits juvenile life sentences

•  Legal Spotlight     updated  2012/09/12 12:01

Pennsylvania's highest court is weighing how to resentence prisoners who were given automatic life sentences as juveniles.

A recent U.S. Supreme Court ruling outlaws mandatory life-without-parole sentences for juveniles.

There are nearly 500 juvenile lifers in Pennsylvania, half from Philadelphia.

The state Supreme Court will hear oral arguments Wednesday morning in a pair of representative cases.

The defendants are Ian Cunningham, serving life for a second-degree murder conviction in Philadelphia, and Qu'Eed Batts, convicted of first-degree murder in Northampton County.

Cunningham's case concerns lifers who have exhausted direct appeals but want to invoke the Supreme Court decision in new filings.

In the Batts case, lawyers will debate what term is appropriate for those sentenced to life without parole.


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