§ 34A-10-1 Parties entitled to maintain actions against pollution
§ 34A-10-2 Parties entitled to intervene in proceedings involving pollution
§ 34A-10-2.1 Activity which could result in pollution, contamination, or degradation–Financial assurance concerning corrective action–Form and amount
§ 34A-10-2.2 Right and title in bond or security–Form and amount
§ 34A-10-2.3 Cleanup and remediation of environmental problems–Use of security
§ 34A-10-2.4 Authority to promulgate rules regarding terms and release of security and its disposition upon expiration of permit or license
§ 34A-10-2.5 Failure to comply with order–Injunctive relief
§ 34A-10-2.6 Cleanup and remediation of environmental problems–Use of oil and gas well security
§ 34A-10-3 Security required of plaintiff
§ 34A-10-4 Appointment of master or referee–Qualifications
§ 34A-10-5 Court remitting to administrative proceedings–Temporary relief–Retention of jurisdiction
§ 34A-10-6 Judicial review by court originally taking jurisdiction
§ 34A-10-7 Adjudication by court after administrative proceedings–Additional evidence
§ 34A-10-8 Detrimental conduct prohibited when reasonable alternative available
§ 34A-10-9 Defendant rebutting evidence of pollution
§ 34A-10-10 Affirmative defense of no reasonable alternative–Burden of proof and weight of evidence
§ 34A-10-11 Equitable relief against detrimental conduct–Conditions imposed on defendant
§ 34A-10-12 Apportionment of costs
§ 34A-10-13 Collateral estoppel–Res judicata
§ 34A-10-14 Chapter supplementary to other procedures
§ 34A-10-15 Citation of chapter
§ 34A-10-16 Enforcement action by department
§ 34A-10-17 Obtaining voluntary compliance–Administrative settlement agreements
lawyer at desk

Ask a legal question, get an answer ASAP!
Click here to chat with a lawyer about your rights.

Terms Used In South Dakota Codified Laws > Title 34A > Chapter 10 - Remedies for Protection of Environment

  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Escrow: Money given to a third party to be held for payment until certain conditions are met.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • Statute: A law passed by a legislature.
  • Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.