South Dakota Statutes

§ 34A-10-8 — Detrimental conduct prohibited when reasonable alternative available.

South Dakota·Title 34A ENVIRONMENTAL PROTECTION·Ch. 34A-9 REMEDIES FOR PROTECTION OF ENVIRONMENT
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.

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Related

In Re Solid Waste Disposal Permit Application
268 N.W.2d 599 (South Dakota Supreme Court, 1978)
3 case citations

Legislative History

SL 1973, ch 144, § 6 (2); SDCL Supp, § 21-10A-8; SL 2011, ch 165, § 144.

Nearby Sections

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