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U.S. NEWS Saturday 8 September 2018

Judge will review complaint over refinery near national park

By BLAKE NICHOLSON partment to begin build- ment officials.
BISMARCK, N.D. (AP) — ing. Meridian maintains Meridian maintains the fig-
North Dakota regulators are the plant will have modern ure is outdated and that
enlisting an administrative technology and will be "the the company's current
law judge to help untangle cleanest refinery on the plan is to build a facility ca-
some of the legal questions planet," and supporters say pable of processing only
surrounding whether an oil it will boost the area's econ- up to 49,500 barrels per day
refinery can be built near omy. — just below the threshold.
Theodore Roosevelt Na- Opponents fear pollution Meridian has asked the PSC
tional Park. from the refinery will mar to dismiss the complaint,
The Public Service Commis- the park's scenery and arguing that the commis-
sion on Wednesday voted erode the air quality at sion has no authority under
2-1 to have the state Office the state's top tourist at- state law to wade into the
of Administrative Hearings traction. The refinery faces dispute.
designate a judge to make several hurdles, including The environmental groups This July 19, 2018, file photo, shows a sign on property near
a non-binding recommen- legal challenges of a state dispute that, raising the southwest Belfield, N.D, for the proposed future home of the Da-
dation on whether a com- air quality permit and a lo- question of whether the vis Refinery near Theodore Roosevelt National Park.
plaint over the $800 million cal zoning permit.The Envi- PSC has the authority to de- Associated Press
Davis Refinery should be ronmental Law and Policy termine its own jurisdiction.
dismissed. Center and the Dakota They also question wheth- will then decide whether site. The commission will not
The judge won't weigh in Resource Council in late er Meridian is planning a the complaint goes for- address that request until
on whether Meridian Ener- June also filed a complaint "bait and switch" in which ward. If it does, the next after the administrative law
gy Group can build at the with the PSC, maintaining it builds a refinery and then decision would be whether judge is done with his work,
site 3 miles (5 kilometers) Meridian needs a site per- applies for permission to Meridian needs to seek a Fedorchak said.
from the park, but his rec- mit because the refinery's expand beyond the state state permit to build at the Meridian said in a state-
ommendation could make capacity will be 55,000 bar- threshold after the plant is site, a process that involves ment that it is "highly con-
it more difficult for the com- rels per day — above the already in place. The com- public hearings and can fident" it will prevail in its
pany to do so. threshold of 50,000 barrels pany denies that. take half a year or longer legal battles and that "all
Meridian in July began site in state law that triggers a Commissioner Julie Fedor- to complete. other aspects of the Davis
work for the refinery it hopes PSC review. The groups cit- chak said the PSC wants in- In the meantime, the two Refinery are proceeding
to begin operating in 2020, ed a number Meridian has put on the complex legal is- environmental groups have according to schedule,
after obtaining permission previously given to the me- sues from an administrative asked the PSC to order that including site preparation
from the state Health De- dia, investors and govern- law judge. The commission Meridian stop work at the work."q

Court boosts rights of students accused of sexual misconduct

By ED WHITE an alleged incident of sex- shy of getting a bachelor's tral fact-finder," said Judge "As it turns out, the univer-
DETROIT (AP) — Students ual misconduct at a "Risky degree in business. His at- Amul Thapar, writing for a sity already provides for a
accused of sexual miscon- Business"-themed fraternity torney said he was made three-judge panel at the hearing with cross-exam-
duct at public universities party, the court said. a "scapegoat" by the uni- 6th U.S. Circuit Court of Ap- ination in all misconduct
have the right to cross-ex- A university investigator versity to show that it was peals. The court overturned cases other than those in-
amine accusers at disciplin- found insufficient evidence aggressively responding to a decision by U.S. District volving sexual assault."
ary hearings, a federal ap- that a student had commit- complaints. Judge David Lawson. The University spokesman Rick
peals court said Friday in a ted misconduct. But that "If a public university has to ruling is binding in Michi- Fitzgerald said the decision
sweeping decision that will conclusion was overturned choose between compet- gan, Ohio, Tennessee and was being reviewed.
extend to public schools in by a campus appeals pan- ing narratives to resolve a Kentucky, the four states "This is a very huge victory
four states. el after two closed sessions. case, the university must covered by the 6th Circuit. for the constitutional rights
The University of Michigan The student, identified in give the accused student "Providing Doe a hearing of students," Doe's attor-
violated the rights of a court papers as John Doe, or his agent an opportunity with the opportunity for ney, Deborah Gordon,
male student by refusing to agreed to leave the school to cross-examine the ac- cross-examination would said. "Sexual-misconduct
allow him or a representa- in 2016 instead of face ex- cuser and adverse witness- have cost the university proceedings have to be a
tive to question witnesses in pulsion, just 13.5 credits es in the presence of a neu- very little," Thapar wrote. search for the truth. q