18-21-105. NO RECOGNITION OF AFFIRMATIVE DEFENSE OF “NO REASONABLE ALTERNATIVE”.

In the light of the Rosebud Sioux Indian Tribe’s paramount concern for the protection of Reservation natural resources and lands from pollution, impairment or degradation and the health and welfare of Reservation residents, neither the Directors of Land Use and Environment and Water Resources, the Commission, nor the Tribal Court shall recognize the argument that there is no feasible and prudent alternative to the defendant’s conduct and that such conduct is consistent with the promotion of the health of Reservation residents as an affirmative defense to any action brought to protect Reservation resources and lands from pollution, impairment or degradation.