In re the Prevention of Significant Deterioration (PSD) Air Quality Permit Application of Hyperion Energy Center

ZINTER, Justice.

[¶ 1.] The Board of Minerals and Environment (Board) authorized the Department of Environment and Natural Resources (DENR) to issue an air quality permit to Hyperion Refining, LLC (Hyperion). The permit was necessary for Hyperion to begin construction of a proposed petroleum refinery and power plant. Three citizens groups appealed to circuit court. Hyperion also appealed a permit condition limiting the amount of carbon monoxide that could be emitted from the proposed facility. The circuit court affirmed the Board’s decision in all respects. The citizens groups now appeal the…