Dakota Resource Council and Environmental Law and Policy Center are taking their battle over a crude oil refinery near the Theodore Roosevelt National Park to court according to court records.
The appeal says the Public Service Commission didn’t give them a fair hearing after they adopted an administrative law judge’s ruling on October 10.
The judge said in his initial September ruling the case should be dismissed, because the plant doesn’t meet the threshold for the PSC to get involved.
DRC and ELPC say in the complaint previous statements made by the company imply they’re going to expand the plant past the permitted amount of 49,500 barrels of oil per day.
PSC regulates any plant 50,000 barrels and above.