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South Dakota

Anderson v. Badger, Town of

The Supreme Court of South Dakota held that a town had the power to waive the distance requirements set forth in a county ordinance regulating the location of concentrated animal feeding operations (CAFOs). Several residents filed suit...

In re Otter Tail Power Co.

The Supreme Court of South Dakota upheld the state's approval of a permit to construct a coal-fired energy conversion facility. Certain nonprofit environmental organizations asserted that the carbon dioxide (CO2) emissions from the...

Benson v. State

The court holds that a state statute concerning the shooting of small game from a public right-of-way does not constitute a compensable taking under the U.S. or South Dakota Constitutions. Lacking more than intermittent and temporary...

South Dakota Farm Bureau, Inc. v. Hazeltine

The court holds that §21 of Article XVII to the South Dakota Constitution, which prohibits corporations or syndicates from acquiring or obtaining an interest in land used for farming and from otherwise engaging in farming in South...

SDDS, Inc. v. South Dakota

The court affirms a district court order denying sovereign immunity to South Dakota and awarding attorneys fees to a multistate solid waste disposal corporation that had challenged two state ballot initiatives regarding operation of a...

Yankton Sioux Tribe v. Gaffey

The court holds that the Yankton Sioux Tribe of South Dakota does not have tribal jurisdiction over reservation lands that fell out of U.S. government trust and eventually passed to non-Native Americans. An 1894 Act of Congress ceded...

In re SDDS, Inc.

The court directs a district court to enjoin South Dakota state officials from relitigating in state court issues that the federal circuit court has already decided concerning the permitting of a solid waste disposal facility. In ...

SDDS, Inc. v. South Dakota

The court holds that a South Dakota referendum that voided a state law approving construction and operation of a large-scale municipal solid waste disposal facility violated the Commerce Clause of the U.S. Constitution. According to...

SDDS, Inc. v. South Dakota

The court holds that a state referendum that nullified a statute approving the construction and operation of a municipal solid waste facility did not violate the Equal Protection Clause, Commerce Clause, or Due Process Clause of the U.S...