The judge, was requested by the Sierra Club, to order the coal-fired plant owners to install equipment which would lessen the pollution at the plant, before they constructed a second plant on the site near Milbank in northeast South Dakota. Otter Tail Power, MDU Resources Group and Northwestern Corp are the owners of the power plant.
Charles Kornmann, U.S. District Judge, which has ruled in favor of the utilities, has dismissed the lawsuit, since it came after the statute of limitations expired
District Judge also denied to reconsider the case. Due to which the Sierra Club appealed to the 8th U.S. Circuit Court of Appeals.
