OTTER TAIL POWER EX REL BIG STONE II

No. 24485.

744 N.W.2d 594 (2008)

2008 SD 5

In the Matter of OTTER TAIL POWER COMPANY on Behalf of BIG STONE II co-Owners for an Energy Conversion Facility Permit for the Construction of the Big Stone II Project.

Supreme Court of South Dakota.

Decided January 16, 2008.


Attorney(s) appearing for the Case

Janette K. Brimmer of Minnesota Center for Environmental Advocacy St. Paul, Minnesota, John H. Davidson, Vermillion, South Dakota, Attorneys for appellants Fresh Energy, Izaak Walton League of America-Midwest Office, Union of Concerned Scientists & Minnesota Center for Environmental Advocacy.

Thomas J. Welk, Christopher W. Madsen of Boyce, Greenfield, Pashby & Welk Sioux Falls, South Dakota, Attorneys for appellee Big Stone II Co-Owners.

John J. Smith, Assistant Attorney General, SD Public Utilities Commission, Pierre, South Dakota, Attorneys for appellee SD Public Utilities Commission.


KONENKAMP, Justice.

[¶ 1.] Otter Tail Power Company, on behalf of several utilities, applied for a permit to construct Big Stone II, a coalfired energy conversion facility. Certain non-profit environmental organizations intervened to oppose the application. They asserted that the carbon dioxide (CO2) emissions from Big Stone II would contribute to global warming, thereby posing a threat of serious environmental injury. The South Dakota...

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