What happens now?

The following is taken from the Sioux City journal this morning:

Union County voters had their say Tuesday. So, what happens now?

There's still much to be decided.

Can the outcome be challenged in court?
Yes. If someone doesn't like the outcome and wants to challenge it in court, he or she can, said Kea Warne, election law specialist with the South Dakota Secretary of State's Office. A judge would decide whether there was a legal basis for the challenge.

Does approval mean Hyperion will commit to building its proposed energy center in Union County?

No. The company has repeatedly said it is considering several sites in other Midwest states. Hyperion project executive J.L. "Corky'' Frank said the company hopes to make a final decision later this year. Union County land is the only site the company has publicly identified. Kansas reportedly was on an early list of possible locations, but lawmakers there said the company crossed the state off its list after Gov. Kathleen Sebelius vetoed an energy-related bill dealing with greenhouse gas emissions.

If Hyperion selects Union County, can it now begin construction?

No. The company must still clear a number of hurdles, including obtaining 28 different state and federal environmental permits. The first big step is a 613-page air quality permit application under review by the South Dakota Department of Environment and Natural Resources. DENR officials have been reviewing the application since December, and Hyperion hopes to complete the air permit process by year's end. "It will entail public meetings and a comment period,'' Frank said. "It will be another situation sort of like this rezoning."

What about the land options Hyperion holds in Union County?

Counting the 3,292-acre site approved in the zoning ordinance Tuesday, Hyperion has options on more than 13,000 acres, according to county records. The options all appear to expire at 11:59 p.m. Aug. 31, but Frank said the options can be renewed as the project moves through the permitting process. Hyperion has no current plans to change the use of other agriculture land it has optioned, he said. To do so would require going through a separate rezoning process, according to Frank.

How early could construction begin at the Union County site?
If all goes well, Hyperion hopes to complete the permitting process by the end of 2009. If that happens, site preparation could begin in 2010.

Do opponents plan to keep fighting the project?

Yes. Ed Cable, co-chairman of Save Union County, has vowed his group will do all it can in the courts and will challenge every state and federal permit the company must get in order to proceed to construction and operation of the refinery; it needs more than a dozen environmental permits alone.What's the status of the lawsuit Save Union County filed against Union County before the election?The lawsuit is still pending in Union County Circuit Court. Filed against the county Board of Commissioners in March by the Save Union County Committee, the suit alleges the board violated the county's statutes in creating and granting Hyperion's request for an Energy Center Planned Development District.