In any administrative, licensing, or other proceedings, as described in § 34A-10-2, and in any judicial review of the proceedings, any alleged pollution, impairment, or destruction of the air, water, or other natural resources or the public trust in the resources shall be determined. No conduct may be authorized or approved which does, or is likely to pollute, impair, or destroy the air, water, or other natural resources or the public trust in the resources, if there is a feasible and prudent alternative consistent with the reasonable requirements of the public health, safety, and welfare.
S.D. Codified Laws § 34A-10-8
Detrimental conduct prohibited when reasonable alternative available
Known as the South Dakota Environmental Protection Act
The act spans §§ 34A-10-1 to 34A-10-9 (23 sections).
Applied in 2 court decisions — leading case In Re Solid Waste Disposal Permit Application (1978)
Most recently applied in In Re the Solid Waste Disposal Permit Application of the County of Clay (July 1980)
Source: SL 1973, ch 144, § 6 (2); SDCL Supp, § 21-10A-8; SL 2011, ch 165, § 144.
Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.