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22 chapters · 637 sections in this title.
SDCL § 34A-10-1 Parties entitled to maintain actions against pollution
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The attorney general, any political subdivision of the state, any instrumentality, or agency of the state or of a political subdivision thereof, any person, partnership, limited liability company, corporation, association, organization, or other legal entity may maintain an actio…
SDCL § 34A-10-10 Affirmative defense of no reasonable alternative--Burden of proof and weight of evidence
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The defendant may also show, by way of an affirmative defense, that there is no feasible and prudent alternative to defendant's conduct and that such conduct is consistent with the promotion of the public health, safety, and welfare in light of the state's paramount concern for t…
SDCL § 34A-10-11 Equitable relief against detrimental conduct--Conditions imposed on defendant
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The court may grant temporary and permanent equitable relief, or may impose conditions on the defendant that are required to protect the air, water, and other natural resources or the public trust therein from pollution, impairment, or destruction. Source: SL 1973, ch 144 , § 5 (…
SDCL § 34A-10-12 Apportionment of costs
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Costs may be apportioned to the parties if the interests of justice require. Source: SL 1973, ch 144 , § 4 (3); SDCL Supp, § 21-10A-12.
