Legal Opinion

Homestake Mining Co. v. Board of Environmental Protection

South Dakota Supreme Court

Decided March 12, 1980No. 12705, 12706PublishedCited by 11 opinions

1Opinion of the Court

HEEGE, Circuit Judge.

Homestake Mining Company (Home-stake) owns and operates a gold mine and milling operation in the Black Hills of South Dakota. It discharges waste water containing tailings, heavy metals, and suspended solids into Gold Run Creek, a tributary of Whitewood Creek, which passes its Lead-Deadwood plant.

The State Environmental Protection Board (Board) has adopted rules designat ing Whitewood Creek as a cold water fishery stream. 1 Homestake appeared before the Board to protest these rules claiming the rules were improperly adopted. Home-stake’s protest was unavailing.

Thereafter,…

2Cases cited1 opinion

  1. United States v. Homestake Mining CompanyCourt of Appeals for the Eighth Circuit · 1979

3Cited by11 opinions

  1. Dan Nelson, Automotive, Inc. v. VikenSouth Dakota Supreme Court · 2005
  2. In re Declaratory Ruling re SDCL 62-1-1(6)South Dakota Supreme Court · 2016
  3. Small v. StateSouth Dakota Supreme Court · 2003
  4. Rhines v. S.D. Dept. of CorrectionsSouth Dakota Supreme Court · 2019
  5. Alma v. State, Department of Social Services Office of Child Protection ServicesSouth Dakota Supreme Court · 2003

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