§ 34A-10-1 — Parties entitled to maintain actions against pollution.

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 action in the circuit court having jurisdiction where the alleged violation occurred for declaratory and equitable relief against the state, any political subdivision thereof, 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 for the protection of the air, water, and other natural resources and the public trust therein from pollution, impairment, or destruction. This section does not confer a right of action to challenge the issuance of a permit or license where the plaintiff has been notified of an agency proceeding in which the issues of environmental harm complained of might have been considered unless the agency refused to hear the complaint at such hearing. Actual notice or notice specified in the statute or rule governing the agency proceeding shall be sufficient.

Legislative History

SL 1973, ch 144, § 2 (1); SDCL Supp, § 21-10A-1; SL 1981 (2d SS), ch 1, § 22; SL 1994, ch 351, § 69.