South Dakota § 34A-10-5 Court remitting to administrative proceedings--Temporary relief--Retention of jurisdiction.

South Dakota Statutes

§ 34A-10-5 — Court remitting to administrative proceedings--Temporary relief--Retention of jurisdiction.

South Dakota § 34A-10-5

Title 34AENVIRONMENTAL PROTECTION

Ch. 34A-9REMEDIES FOR PROTECTION OF ENVIRONMENT

This text of South Dakota § 34A-10-5 (Court remitting to administrative proceedings--Temporary relief--Retention of jurisdiction.) is published on Counsel Stack Legal Research, covering South Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

S.D. Codified Laws § 34A-10-5 (2026).

Text

If, in an action pursuant to § 34A-10-1 , administrative, licensing, or other proceedings are required or available to determine the legality of the defendant's conduct, the court shall remit the parties to such proceedings. The proceedings shall be conducted in accordance with and subject to the provisions of chapters 34A-1 and 34A-2 . In so remitting the court may grant temporary equitable relief if necessary for the protection of the air, water, and other natural resources or the public trust in such resources from pollution, impairment, or destruction. In so remitting the court shall retain jurisdiction of the action pending completion of the action for the purpose of determining whether adequate protection from pollution, impairment, or destruction has been afforded.

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If, in an action pursuant to § 34A-10-1 , administrative, licensing, or other proceedings are required or available to determine the legality of the defendant's conduct, the court shall remit the parties to such proceedings. The proceedings shall be conducted in accordance with and subject to the provisions of chapters 34A-1 and 34A-2 . In so remitting the court may grant temporary equitable relief if necessary for the protection of the air, water, and other natural resources or the public trust in such resources from pollution, impairment, or destruction. In so remitting the court shall retain jurisdiction of the action pending completion of the action for the purpose of determining whether adequate protection from pollution, impairment, or destruction has been afforded.