“The Commission’s position does not inspire confidence and respect in our regulatory system.”

The North Dakota Supreme Court sided with the State in their recent ruling, stating that state regulators did not need to review the location of the proposed refinery just 3 miles away from North Dakota’s #1 tourist attraction, Theodore Roosevelt National Park. 

Justice Vandewalle dissented with the ruling, stating the dispute was really about whether or not the facility will fall below the state threshold for review.

“An evidentiary hearing is necessary to resolve the disputed fact issues regarding the design and capacity of Meridian’s facility,” he wrote in his dissent.

Justice VandeWalle also said that “The Commission’s position does not inspire confidence and respect in our regulatory system.”

Read more about the court’s ruling and the issue’s legal history here.