(UNION COUNTY, SD) We know more about the battle over Hyperion's air quality permit. Both sides filed appeals with the 6th Circuit Court of South Dakota after the Board of Minerals and Environmental approved the permit in August. The citizens want Hyperion to address the current appeal before planning their next move.

"First, file an Environmental Impact Statement and then file a correct and complete application for a PSD permit. We don't know what our response would be until those two things are done but until they're done, we're going to continue to challenge on the basis that they should and need to be done," says Ed Cable, Save Union County.

The state attorney will now complete a file based on the contested case hearing for all parties to review. Cable says it could be months before the circuit court would hear the case. The citizens could take the challenge to the state supreme court as well.

Reported by Erika Thomas. You can contact her at ethomas@kmeg.com.