Decision on N.D. refinery stirs debate

BISMARCK, N.D.— A North Dakota administrative law judge has finalized his recent conclusion that state regulators don’t have a say in the site of an $800 million oil refinery being developed near Theodore Roosevelt National Park, potentially clearing a major roadblock for the project.

An attorney for one of the environmental groups challenging the project says the administrative law judge’s recommendation could set a bad precedent by effectively allowing developers to police themselves.

Administrative Law Judge Patrick Ward in a nonbinding recommendation last month said the Davis Refinery being developed by Meridian Energy Group won’t have a large enough capacity to fall under the jurisdiction of the Public Service Commission.

The Environmental Law and Policy Center and the Dakota Resource Council disputed that, noting that the project’s permit from the Health Department allows construction of a facility big enough to warrant Public Service Commission review under state law.

Ward in a decision dated Wednesday said that doesn’t matter.

“The fact that the [Health Department] issued a permit for Meridian to build a refinery up to 55,000 [barrels per day] does not mean they need to construct one of that size,” Ward said. “The proposed 49,500 bpd facility sworn to in the affidavit from the chief executive officer of Meridian is beneath PSC jurisdiction.”