If administrative, licensing, or other proceedings, and judicial review thereof are available by law, the agency may permit 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 to intervene as a party on the filing of a pleading with the agency asserting that the proceeding or action for judicial review involves conduct which has the effect of polluting, impairing, or destroying the air, water, or other natural resources or the public trust therein. Such pleading shall be filed at least three days before the last agency evidentiary hearing conducted before the issuance of a final decision.
S.D. Codified Laws § 34A-10-2
Parties entitled to intervene in proceedings involving pollution
Known as the South Dakota Environmental Protection Act
The act spans §§ 34A-10-1 to 34A-10-9 (23 sections).
Applied in 3 court decisions — leading case Zander v. South Dakota State Conservation Commission (1981)
Most recently applied in Zander v. South Dakota State Conservation Commission (July 1981)
Source: SL 1973, ch 144, § 6 (1); SDCL Supp, § 21-10A-2; SL 1981 (2d SS), ch 1, § 23; SL 1994, ch 351, § 70.
How often courts cite this section
Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.