City of Brookings v. Department of Environmental Protection

The City of Brookings (City) seeks a permit from the Department of Environmental Protection (Department) to operate a landfill. Although a permit was granted in 1974, the Department refused to grant a permit for the same site in 1975. The Board of Environmental Protection (Board) heard evidence at a contested case hearing and also refused to grant the permit. The circuit court upheld the Board’s decision on review under SDCL 1-26-36. We hold that there is not substantial evidence on the whole record to support the Board’s determination. We therefore reverse the circuit court’s order and…