A circuit judge has upheld a state permit that would allow a proposed $10 billion oil refinery to be built in Elk Point.
In a decision filed late Thursday, Circuit Judge Mark Barnett said the state Board of Minerals and Environment did not make any mistakes in issuing an air quality permit to Hyperion Resources.
Opponents had argued that the permit was flawed because the environmental study was not thorough enough and the permit does not require stringent enough technology to control pollution.
But Barnett ruled that there was no need for a more thorough environmental review and the board properly applied the best available control technology for pollution.
The judge also upheld the board's decision to extend the deadline for starting construction until March 2013.