Legal Opinion
South Dakota Migratory Bird Ass'n Ex Rel. Brancel v. South Dakota Game, Fish & Parks Commission
South Dakota Supreme Court
Decided November 18, 1981No. 13413PublishedCited by 12 opinions
1Per curiam
The South Dakota Game, Fish and Parks Commission (Commission) promulgated a “steel shot rule” (Administrative Rule 41:06:04:05(4)). This rule in effect bans the use of lead shotgun pellets in certain geographical areas where the Commission concluded lead pellets would present a health hazard to migratory waterfowl.
The circuit court issued a declaratory judgment determining that the “steel shot rule” was properly enacted by the Commission.
This appeal addresses the narrow issue of whether there was a proper delegation to the Commission of rule-making authority to enable the Commission to adopt…
2Cases cited6 opinions
- Boe v. FossSouth Dakota Supreme Court · 1956
- Oahe Conservancy Subdistrict v. JanklowSouth Dakota Supreme Court · 1981
- Affiliated Distillers Brands Corp. v. GillisSouth Dakota Supreme Court · 1964
- State, Division of Human Rights Ex Rel. Ewing v. Prudential Insurance Co. of AmericaSouth Dakota Supreme Court · 1978
- Application of KohlmanSouth Dakota Supreme Court · 1978
1 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- First National Bank of Minneapolis v. Kehn Ranch, Inc.South Dakota Supreme Court · 1986
- Matter of Ackerson, Karlen & SchmittSouth Dakota Supreme Court · 1983
- State v. MoschellSouth Dakota Supreme Court · 2004
- Application of Southern Hills Bank of EdgemontSouth Dakota Supreme Court · 1983
- Boever v. South Dakota Board of AccountancySouth Dakota Supreme Court · 1997
7 more not listed; retrieve them via the Exa API.