Hyperion opponents vow to keep fighting
If rezoning request approved June 3, opposition won't give up
By Michele Linck Journal staff writer | Posted: Wednesday, May 14, 2008
Ed Cable, right, speaks to the Sioux City Journal's editorial board as Linda Scarmon, left, and Mark Avery listen. A group of Union County, South Dakota, residents opposed to the proposed Hyperion oil refinery met with the Journal's editorial board Tuesday, May 13, 2008. (Sioux City Journal photo by Tim Hynds)
SIOUX CITY -- Hyperion Resources executives say they'll leave Union County without a fight if voters reject a rezoning request allowing the company to build an oil refinery there.
But refinery opponents say they already have a battle plan if voters approve the request on June 3.
On Tuesday, Ed Cable, Jason Quam, Mark Avery and Linda Scarmon -- all active Hyperion opponents -- discussed their plan to fight the project planned by Dallas-based Hyperion Resources with the Journal editorial board.
Cable, co-chairman of the opposition group Save Union County, said there are many ways to impede the refinery if voters approve the Energy Center Planned Development zoning plan already passed by the Union County Board of Commissioners.
The refinery will need numerous environmental permits, he said, each one allowing 30 days for public input. Opponents would use those opportunities to point out to the South Dakota Department of Environment and Natural Resources what they perceive to be flaws in the company's plans.
And, Cable said, an environmental impact statement will be required at some point. "When that information -- which should be available now -- becomes available, it will offer many avenues for resistance, not only to the permits, but to revisit some of the action taken to date," he said.
In a nearly two-hour conversation, however, the opponents maintain there are many reasons to vote no on June 3.
Among their arguments, the opponents say no independent environmental study has been done; the routes of the railroad lines and petroleum pipelines are unknown; the Interstate exchanges would have to be rebuilt to handle the trucks bringing needed equipment; the public hasn't had a chance to publicly question the company; the county commissioners did not properly notice the hearings; the county hired no experts to advise it; and a report produced on a short turn-around by a law firm was never made public.
"Rather than doing their job and looking at the issues at hand, we believe (the commissioners) were looking for a way out and said let the people vote," Cable said.
Avery said there seems to be "an unhealthy alliance" between the government and the company to push the project through so quickly people don't have time to get the information they need to make an informed decision. Avery chided South Dakota's Congressional delegation, Rep. Stephanie Herseth Sandlin and Sens. Tim Johnson and John Thune, for what he called a lack of leadership on the issue.
Cable, who works as an engineer for construction projects nationwide, said there is no development plan between the county and the company showing who will do what and who will pay.
Scarmon, who is treasurer of the Spink Township board, said the board has been told they'll get a three-year loan from the state to maintain the one township road involved, but would have to pay it back in three payments over just a few years.
Quam and Cable both questioned Hyperion's ability to finance, build or run a refinery, something they maintain the company has no experience doing, although project executive J.L. "Corky" Frank is a former president of Marathon Ashland Petroleum LLC, and has 40 years experience in the industry.
"It seems incredible to think that a company that has no experience and less than $30 million a year in revenue would propose the sixth-largest refinery," Cable said. "And since they have no employees who have experience, how would you ever assemble a team of people that you would have confidence in to open and operate a facility?
"They've never built or operated a refinery. Should we allow a rookie to do that?"
But refinery opponents say they already have a battle plan if voters approve the request on June 3.
On Tuesday, Ed Cable, Jason Quam, Mark Avery and Linda Scarmon -- all active Hyperion opponents -- discussed their plan to fight the project planned by Dallas-based Hyperion Resources with the Journal editorial board.
Cable, co-chairman of the opposition group Save Union County, said there are many ways to impede the refinery if voters approve the Energy Center Planned Development zoning plan already passed by the Union County Board of Commissioners.
The refinery will need numerous environmental permits, he said, each one allowing 30 days for public input. Opponents would use those opportunities to point out to the South Dakota Department of Environment and Natural Resources what they perceive to be flaws in the company's plans.
And, Cable said, an environmental impact statement will be required at some point. "When that information -- which should be available now -- becomes available, it will offer many avenues for resistance, not only to the permits, but to revisit some of the action taken to date," he said.
In a nearly two-hour conversation, however, the opponents maintain there are many reasons to vote no on June 3.
Among their arguments, the opponents say no independent environmental study has been done; the routes of the railroad lines and petroleum pipelines are unknown; the Interstate exchanges would have to be rebuilt to handle the trucks bringing needed equipment; the public hasn't had a chance to publicly question the company; the county commissioners did not properly notice the hearings; the county hired no experts to advise it; and a report produced on a short turn-around by a law firm was never made public.
"Rather than doing their job and looking at the issues at hand, we believe (the commissioners) were looking for a way out and said let the people vote," Cable said.
Avery said there seems to be "an unhealthy alliance" between the government and the company to push the project through so quickly people don't have time to get the information they need to make an informed decision. Avery chided South Dakota's Congressional delegation, Rep. Stephanie Herseth Sandlin and Sens. Tim Johnson and John Thune, for what he called a lack of leadership on the issue.
Cable, who works as an engineer for construction projects nationwide, said there is no development plan between the county and the company showing who will do what and who will pay.
Scarmon, who is treasurer of the Spink Township board, said the board has been told they'll get a three-year loan from the state to maintain the one township road involved, but would have to pay it back in three payments over just a few years.
Quam and Cable both questioned Hyperion's ability to finance, build or run a refinery, something they maintain the company has no experience doing, although project executive J.L. "Corky" Frank is a former president of Marathon Ashland Petroleum LLC, and has 40 years experience in the industry.
"It seems incredible to think that a company that has no experience and less than $30 million a year in revenue would propose the sixth-largest refinery," Cable said. "And since they have no employees who have experience, how would you ever assemble a team of people that you would have confidence in to open and operate a facility?
"They've never built or operated a refinery. Should we allow a rookie to do that?"
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The Realist wrote on May 18, 2008 12:13 AM:
And McCain isnt going to move in the White House. Dubya has done tremendous damage to the Republican party, and thats going to show on Nov. 4.
If Hyperion comes up with the money, it won't be from the feds. South Dakota isn't exactly rolling in dough, and it doesn't sound like Huddleston is going to be able to tap the family trust. So who is left?
Foreign investors are moving in on ethanol plants; why wouldn't they want to invest in an oil refinery too? That might not be what you want to hear, but it's a very real possibility that the major investor in that refinery could be from a company outside of the US.
That, and the fact that the proposed county ordinance is WAY too broad, is enough to make anyone who can think say, Wait a minute. We need more answers before we approve anything. "
smiley wrote on May 17, 2008 5:34 PM:
amused wrote on May 17, 2008 2:25 AM:
Union County Resident wrote on May 16, 2008 6:19 PM:
comment wrote on May 16, 2008 4:38 PM: