PUBLIC UTILITIES - SOUTH DAKOTA

Matter of PUC Docket HP 14-0001

Supreme Court of South Dakota - June 13, 2018 - N.W.2d - 2018 WL 2976322 - 2018 S.D. 44

Contestants sought review of decision of the Public Utilities Commission certifying that proposed oil pipeline continued to meet permit conditions.

The Circuit Court affirmed. Contestants appealed.

The Supreme Court of South Dakota held that circuit court lacked jurisdiction to consider appeals.

Contestants had no right under due process clause to judicial review of Public Utilities Commission’s certification that proposed oil pipeline continued to meet permit conditions; proceeding involved utility’s filing of certification rather than Commission’s adjudication of a party’s legal rights or privileges after opportunity for hearing.



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