See the Sioux Falls Argus Leader story below.
This is news we have been waiting for in Sioux City, South Dakota, and in Iowa.
Celebrations are beginning after years of a long struggle.
The Court hearing set for Wednesday in South Dakota is still likely to be heard.
This $10 billion tar sands oil refinery would have meant another century of fossil fuel addiction .Congratulations to the Sierra Club South Dakota chapter and other opponents. Thank you for the hard work to retain our way of life in our region. Jim Redmond
Hyperion has declined to renew options on 6,000 acres of Union County land on which it plans to build a $10 billion oil refinery, but company spokesman Eric Williams said this does not mean the project has been canceled.
"We are evaluating our various options and opportunities," he told the Argus Leader in an email. "We appreciate the longstanding and continued support of the landowners in Union County and are continuing to dialogue with them."
The South Dakota Supreme Court is scheduled to hear arguments Wednesday on the refinery's Prevention of Significant Deterioration air quality permit, which has been challenged by the Sierra Club, Save Union County and Citizens Opposed to Oil Pollution.
Hyperion still plans to argue the case, Williams said, although it's unclear whether the company will apply to extend the construction deadline of March 2013 specified in the permit.
The Dallas-based company recently asked landowners with whom it has option agreements to extend the option period indefinitely while the project was being challenged in court - some landowners reportedly refused to sign - and then a week later requested a 30-day extension, to Sept. 30, to meet this year's payments.
But the company declined to renew the contracts, meaning the company no longer has legal claim to the land on which the refinery would be built.
Alyce Law of Des Moines, who had 160 acres under option, told the Argus Leader that Hyperion Vice President Preston Phillips notified her this morning that the project was off.
"He said the option was not going to be forthcoming, that as of midnight last night - that would have been the deciding time of no more negotiating," she said. "He said (my option contract) is now null and void. ... (and that) the project would not proceed."
Williams said Phillips did not mean that the project had been cancelled, just that the options would not be renewed.
Permitting for the 400,000-barrel-per-day Hyperion Energy Center, which would process heavy crude shipped from Canada, has been tied up in court for five years.
Read more in Tuesday's Argus Leader
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