Justia Environmental Law Opinion Summaries

The City of Custer applied for a permit from the South Dakota Department of Agriculture and Natural Resources (DANR) to discharge treated wastewater into French Creek as part of an upgrade to its wastewater treatment facility. Preserve French Creek, Inc. (Preserve), a group of local citizens, opposed this discharge. Two years after the permit was issued, a Custer County ordinance was passed by citizen initiative, declaring the discharge of treated water into French Creek a nuisance. Preserve demanded the City cease construction based on the new ordinance, but the City did not comply. Preserve then sought mandamus relief to enforce the ordinance, which the circuit court denied.The Circuit Court of the Seventh Judicial Circuit in Custer County found that the ordinance conflicted with state law, specifically SDCL 21-10-2, which states that actions done under the express authority of a statute cannot be deemed a nuisance. The court concluded that the City’s actions, authorized by the DANR permit, could not be considered a nuisance. The court also rejected Preserve’s estoppel argument, stating that the City and County had no duty to enforce an ordinance that conflicted with state law.The Supreme Court of the State of South Dakota reviewed the case and affirmed the circuit court’s decision. The court held that the ordinance was preempted by state law because it attempted to declare a nuisance something that state law expressly authorized. The court also found that the City and County were not estopped from asserting the ordinance’s invalidity, as their actions in placing the ordinance on the ballot and canvassing the vote were statutorily required and did not constitute an inconsistent position. Therefore, the writ of mandamus was properly denied. View "Preserve French Creek V. Custer County" on Justia Law

In October 2014, while guiding a hunting party on their property, the Olsens' son observed a crop duster spraying herbicide, which allegedly damaged the Olsens' ponderosa pine trees. The Olsens claimed the herbicide caused significant damage and death to the trees. They filed a lawsuit against the Defendants, who argued that expert testimony was required to prove causation. The circuit court granted summary judgment in favor of the Defendants, leading to the Olsens' appeal.The Circuit Court of the Fifth Judicial Circuit in Spink County, South Dakota, reviewed the case. The court found that without expert testimony, a jury would be left to speculate about the cause of the damage to the trees. The court noted that the fields of chemistry, botany, and agronomy were beyond the understanding of a typical layperson. Consequently, the court granted summary judgment, dismissing the Olsens' complaint in its entirety.The Supreme Court of South Dakota reviewed the appeal. The court affirmed the circuit court's decision regarding the need for expert testimony to establish causation for the damage to the trees. However, it reversed the summary judgment on the claims of trespass, statutory nuisance, and common law nuisance, noting that these claims do not require proof of damages to survive summary judgment. The court remanded these claims for further proceedings, allowing the Olsens to potentially recover nominal damages. The court affirmed the summary judgment on the claims of promissory estoppel and civil conspiracy due to the lack of evidence on causation for damages. View "Estate of Olsen v. Agtegra Cooperative" on Justia Law

The Supreme Court affirmed the decision of the South Dakota Public Utilities Commission (PUC) approving the application of Crowned Ridge Wind, LLC for a permit to construct a wind energy farm in northeast South Dakota, holding that the PUC acted within its discretion in this case.After a contested hearing, the PUC issued a written decision approving the permit. Two individuals who lived in rural areas near the project and had intervened to oppose Crowned Ridge's application sought review. The circuit court affirmed. The Supreme Court affirmed, holding (1) neither of the Intervenors' evidentiary claims were sustainable; and (2) even if the Intervenors' claims were preserved for appeal, the PUC acted within its discretion when it denied the Intervenors' challenges to certain testimony. View "Christenson v. Crowned Ridge Wind, LLC" on Justia Law

The Supreme Court affirmed the decision of the South Dakota Public Utilities Commission (PUC) approving the application of Crowned Ridge Wind II, LLC to construct a large wind energy farm in northeast South Dakota, holding that the PUC followed the applicable statutory directives in granting the construction permit and properly determined that Crowned Ridge satisfied its burden of proof under S.D. Codified Laws 49-41B-22.After a contested hearing, the PUC issued a written decision approving the permit. Two individuals who lived in rural areas near the project and had intervened to oppose Crowned Ridge's application sought review. The circuit court affirmed. The Supreme Court affirmed, holding (1) the PUC did not err when it determined that Crowned Ridge met its burden of proof to comply with all applicable laws and rules; and (2) the PUC's findings were not clearly erroneous as they related to crowned Ridge's burden under S.D. Codified Laws 49-41B-22(3). View "Christenson v. Crowned Ridge Wind, LLC" on Justia Law

The Supreme Court affirmed in part and reversed in part the judgment of the circuit court reversing the decision of the Deuel County Board of Adjustment granting special exception permits (SEP) to Deuel Harvest Wind Energy, LLC and Deuel Harvest Wind Energy South, LLC (Deuel Harvest) to develop two wind energy systems in the County, holding that the circuit court erred by invalidating the votes of two Board members.Following a public hearing, the Board unanimously approved the SEPs. Appellees, several residents of Deuel County and neighboring counties, petitioned for a writ of certiorari, asserting that several Board members had interests or biases disqualifying them from considering the permits. The circuit court invalidated the votes of two Board members due to disqualifying interests and overturned the Board's approval of the SEPs. The Supreme Court reversed in part and reinstated the Board's unanimous vote in approving the SEPs, holding that the circuit court erred in disqualifying the two members from voting on the SEPs. View "Holborn v. Deuel County Board of Adjustment" on Justia Law

The circuit court affirmed the circuit court's grant of summary judgment in favor of BP plc on all claims brought against it by the State and the South Dakota Petroleum Release Compensation Fund, holding that the circuit court did not err in dismissing the Fund's claims.In its complaint, the Fund sought to recover payments made to BP's predecessor and subsidiary companies (collectively, BP) for the costs of cleaning up environmental contamination from underground petroleum storage tanks (UST) at twenty-seven sites in South Dakota. The circuit court granted summary judgment for BP on all claims. The Supreme Court affirmed, holding that the circuit court (1) did not err in granting summary judgment on the Fund's claims for recovery of monies paid to BP for cleanup costs at twenty-seven UST sites; (2) did not err in granting summary judgment on the nineteen indirect claims against BP; and (3) did not err in denying the Fund's motion for sanctions. View "S.D. Petroleum Release Compensation Fund v. BP plc" on Justia Law

The Supreme Court affirmed the decision of the Brule County Board of Commissioners finding that Surat Farms LLC impermissibly altered an intermittent watercourse. Upon Albert Delany’s filing of a drainage complaint with Brule County, the Board found that Surat “altered the natural flow of the water” running from Delany’s land to Surat’s land and required Surat to restore the natural flow of water or otherwise ensure the drainage of the Delany property. The circuit court affirmed the Board’s decision in all respects. The Supreme Court affirmed, holding (1) the evidence supported the circuit court’s finding that Surat’s drain system improperly interfered with Delany’s drainage rights; and (2) the circuit court did not err in awarding injunctive relief. View "Surat Farms, LLC v. Brule County Board of Commissioners" on Justia Law

The Supreme Court affirmed in part and reversed in part the circuit court’s affirmance of the Board of Minerals and Environment’s determination that it had subject matter jurisdiction over a petition regarding mine permit Nos. 445 and 460. Robert Fowler and Harlan Schmidt, intervenors in LAC Mineral USA, LLC’s petition, brought this appeal. The Supreme Court affirmed in part and reversed in part, holding (1) mining application requirements and mining permit amendment application requirements are not requirements that need to be met for the Board to obtain subject matter jurisdiction over a mining permit or permit amendment application, and therefore, the circuit court correctly found that the Board had jurisdiction over the matter; (2) the intervenors waived the issue whether S.D. Codified Laws 45-6B-44 and S.D. Codified Laws 45-6B-45 denied Fowler due process; but (3) the circuit court and Board erred in determining that Fowler was not a landowner, as that issue was not properly before the circuit court or Board. View "In re LAC Minerals (USA), LLC’s Petitioner for Release of Reclamation Liability" on Justia Law

Hyperion Refining, LLC applied for an air quality permit to begin construction of a proposed petroleum refinery and power plant. The Department of Environment and Natural Resources (DENR) issued the permit, and the Board of Minerals and Environment (Board) approved DENR's issuance of the permit. Three citizens appealed the issuance of the permit to the circuit court. Hyperion also appealed a permit condition that limited the amount of carbon monoxide that could be emitted from the proposed facility. The circuit court affirmed the Board's decision in all respects. The citizens and Hyperion appealed. The Supreme Court affirmed, holding (1) the Board did not abuse its discretion in issuing the air quality permit; and (2) the Board did not clearly err in determining the carbon monoxide limit. View "In re Application of Hyperion Refining, LLC" on Justia Law

The Department of Environment and Natural Resources (DENR) approved plans and specifications for the Brant Lake Sanitary District's wastewater treatment facility in 2012. The Brant Lake facility plans proposed to join and expand the Chester Sanitary District's existing wastewater disposal system. The plans included the construction of an additional treatment lagoon to tie into Chester's existing two-cell lagoon system. The plans also included the construction of additional piping to transport wastewater to the treatment lagoons. Plaintiffs' home and business were near the proposed lagoon. Plaintiffs filed an application for a writ of mandamus requiring DENR to comply with applicable state statutes, administrative rules, and DENR internal guidelines in approving the plans and specifications for the Brant Lake facility. The trial court denied the writ. The Supreme Court affirmed, holding that Plaintiffs did not meet their burden to show that DENR disregarded a clear duty to act under the applicable statutes, administrative rules, or manuals, and accordingly, the trial court did not abuse its discretion in denying Plaintiffs' application for writ of mandamus. View "Krsnak v. Dep't of Env't & Natural Res." on Justia Law