Group takes oil refinery fight to North Dakota's high court

US Legal News

An environmental group is taking its battle against an oil refinery being developed near Theodore Roosevelt National Park to the North Dakota Supreme Court.

The National Parks Conservation Association argued in its Wednesday filing that an air quality permit issued by the state Health Department for the $800 million Davis Refinery and upheld by a state judge violates the federal Clean Air Act.

The Health Department after a two-year review determined the refinery will not be a major source of pollution that will negatively impact the park just 3 miles (5 kilometers) away. The permit the agency issued in June 2018 cleared the way for construction to begin. Meridian Energy Group began site work last summer and plans to resume construction this spring with a goal of having the refinery fully operational by mid-2021.

State District Judge Dann Greenwood ruled in January that the Health Department had effectively supported its position. Greenwood refused to declare the permit invalid and send the case back to the agency for a more rigorous review. The NPCA wants the Supreme Court to overrule him.

"Although the underlying permit contains a requirement for the Davis Refinery to keep monthly logs of its actual emissions ... the permit contains no requirement that the Davis Refinery install monitors to actually collect this data," association attorney Derrick Braaten said.

The group fears that pollution from the refinery will mar the park's scenery and erode air quality for wildlife and visitors. The park is North Dakota's top tourist attraction, drawing more than 700,000 people annually.

"With the decision to appeal, NPCA is fighting to protect the park that has inspired generations of conservationists," Stephanie Kodish, clean air program director for the association, said in a statement.

Roosevelt ranched in the region in the 1880s and is still revered by many for his advocacy of land and wildlife conservation.

Meridian maintains the facility will be "the cleanest refinery on the planet" thanks to modern technology and will be a model for future refineries. The company in a statement Wednesday said it does not comment on pending litigation.

State Air Quality Director Terry O'Clair said he had not had a chance to review the appeal but that "we're confident in the permit that was issued."

Meridian in late January obtained a needed state water permit . It still faces a separate state court battle related to the refinery's location. Two other environmental groups are challenging a decision by North Dakota regulators who concluded they were barred by state law from wading into the dispute over the site.

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Grounds for Divorce in Ohio - Sylkatis Law, LLC

A divorce in Ohio is filed when there is typically “fault” by one of the parties and party not at “fault” seeks to end the marriage. A court in Ohio may grant a divorce for the following reasons:
• Willful absence of the adverse party for one year
• Adultery
• Extreme cruelty
• Fraudulent contract
• Any gross neglect of duty
• Habitual drunkenness
• Imprisonment in a correctional institution at the time of filing the complaint
• Procurement of a divorce outside this state by the other party

Additionally, there are two “no-fault” basis for which a court may grant a divorce:
• When the parties have, without interruption for one year, lived separate and apart without cohabitation
• Incompatibility, unless denied by either party

However, whether or not the the court grants the divorce for “fault” or not, in Ohio the party not at “fault” will not get a bigger slice of the marital property.

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