Citizen Right to Appeal Permitting Decisions Under Attack!

Last Vote Coming on Senate Floor!

CONTACT YOUR STATE SENATORS NOW AND TELL THEM TO OPPOSE THIS BILL!

 

south dakota house
DRA Members wait to deliver opposition testimony on HB 1292, along with the bill’s prime sponsor, District 4 Rep. Jason Kettwig.

House Bill 1292 undermines citizens’ ability to appeal Conditional Use Permits (CUPs) in circuit court by giving all such appeals a lesser “de certiorari” standard of review.

CUPs are the permits by which CAFOs, wind farms, and other development projects are approved by counties and municipalities.

We have already seen how a lopsided process pits under-resourced counties, municipalities, and citizens against large, well-funded developers and their teams of lawyers, engineers, and consultants–often resulting in decision-makers feeling forced to knuckle under to pressure from corporate interests over citizen concerns.

NOW, those corporate interests are bringing legislation to strip a full and fair “de novo” review process from citizens who appeal those decisions in circuit court.

Clearly this is a industry bill based on the proponent testimony from Big Energy lobbyists–of course they love this bill (as do CAFO developers and others) because it gives them even more of an advantage in the process.

Do NOT Delay in Letting State Senators Know To Oppose HB 1292!