South DakotaSouth Dakota may take on federal reviews for highway projects
South Dakota’s transportation department may take on federal environmental reviews for highway projects by agreement, and the state can be sued in federal court over that work.
What it does
South Dakota’s transportation department may take on some or all federal environmental review work for state highway projects, if it makes an agreement with the federal government.
For cases about those assumed responsibilities, the state gives up its protection from being sued in federal court.
A successful litigant in a covered highway-related case is to receive damages and legal costs assessed against the state, paid from state highway money.
Argument forThe transportation department could handle federal environmental reviews for state highway projects through an agreement with the federal government.
Argument againstThe state could face federal lawsuits over the work it takes on and could have to pay damages and legal costs in covered cases.
More detail
The Department of Transportation may take on some or all federal environmental review responsibilities by agreement with the federal government. The responsibilities are federal duties under the National Environmental Policy Act for highway projects in the state. The work must involve environmental review, consultation, or other actions required for highway projects in South Dakota.
The state waives its protection from suit in federal court for cases involving the department’s assumed responsibilities. The waiver concerns responsibilities assumed by the Department of Transportation under the environmental review provision. The waiver covers cases involving compliance with, carrying out, or enforcing responsibilities the department assumed under the first provision.
The state must pay a successful litigant damages and legal costs assessed against the state, using state highway money. Covered cases concern a highway or public transportation project in South Dakota. The rule applies to successful litigants in actions under the chapter or involving a highway or public transportation project under the first provision. Payments come from money collected or appropriated for state highway purposes.
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Where it stands
- Introduced
- Passed Senate
- Passed House
- To Governor
- Became Law
Looking ahead
No hearings or votes scheduled.
History
- 2026
- Mar 4Signed by the Governor Larry Rhoden on 2026-03-04 S.J. 452Became Law
- Feb 26Delivered to the Governor on 2026-02-26 S.J. 410To Governor
- Feb 25Signed by the Speaker H.J. 449Major
- Feb 24Signed by the President S.J. 388Major
- Feb 23House of Representatives Do Pass , Passed, YEAS 61, NAYS 6 H.J. 415Passed House
- Vote recorded Do Pass. Result: pass.Lower
- Feb 20Remove from Consent Calendar H.J. 387
- Feb 19Certified uncontested, placed on consent , Passed, H.J. 19
- Vote recorded Do Pass. Result: pass.Lower
- Feb 19Transportation Do Pass , Passed, YEAS 11, NAYS 0 H.J. 19Minor
- Feb 19Scheduled for hearing
- Jan 28Referred to House Transportation H.J. 166Minor
- Jan 27First Reading House H.J. 150
- Jan 26Senate Do Pass , Passed, YEAS 32, NAYS 2 S.J. 114Passed Senate
- Vote recorded Do Pass. Result: pass.Upper
- Jan 23Senate Deferred to another day , Passed, S.J. 96
- Jan 22Senate Deferred to another day , Passed, S.J. 85
- Jan 21Transportation Do Pass , Passed, YEAS 5, NAYS 2 S.J. 3Minor
- Vote recorded Do Pass. Result: pass.Upper
- Jan 21Scheduled for hearing S.J. 1
- Jan 13First read in Senate and referred to Senate Transportation S.J. 17Introduced
Environment & EnergyTransportation