South Dakota Governor Dennis Daugaard says it's unlikely that an oil refinery will be built near Elk Point.
Daugaard says Hyperion is sending a pretty clear signal about the future of its project by letting the land options expire in Union County.
The Texas-based company proposed the $10 billion oil refinery - known as the gorilla project - back in 2007. But after years of court battles the future is bleak.
"My understanding, my believe is that they would have operated responsibly and I regret that we don't have that economic development,” Daugaard said.
Voters in Union County approved the project in 2008.