SB71EnactedEnvironment
authorize the assumption of certain responsibilities and the waiver of sovereign immunity in connection with certain actions under federal environmental law.
South Dakota's Department of Transportation may now take over certain federal environmental review responsibilities for highway projects from the federal government under federal law. By doing so, the state waives its legal immunity from being sued in federal court over how it handles these environmental duties. The state also agrees to pay any damages, attorney fees, and court costs if it loses a lawsuit related to these environmental responsibilities, using money from the state highway fund.