Actions not subject to chapter
Known as the South Dakota Environmental Policy Act
The act spans §§ 34A-9-1 to 34A-9-9 (16 sections).
Applied in 2 court decisions — leading case Hyperion I & II (2013)
Most recently applied in In re the Prevention of Significant Deterioration (PSD) Air Quality Permit Application of Hyperion Energy Center (January 2013)
Source: SL 1974, ch 245, § 1 (3); SDCL Supp, § 11-1A-3; SL 2011, ch 165, § 133.
As used in this chapter, the term, actions, does not include:
(1) Enforcement proceedings or the exercise of prosecutorial discretion in determining whether or not to institute such proceedings;
(2) Actions of a ministerial nature, involving no exercise of discretion;
(3) Emergency actions responding to an immediate threat to public health or safety;
(4) Proposals for legislation; or
(5) Actions of an environmentally protective regulatory nature.
Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.