South Dakota has enacted a law that protects farmers from lawsuits alleging nuisance.  The Act signed by Kristi Noem also limits the magnitude of awards.  The law states that only an owner or lessee of an affected property can file a nuisance action and only with respect to a property within one mile of the alleged nuisance.

This law effectively eliminates standing for environmental activist organizations that file nuisance lawsuits in many states.  The constitutionality of the law has yet to be tested since it most certainly will be subjected to legal scrutiny.  As with Ag Gag laws, federal appeals courts have struck down restrictions based on First Amendment considerations.  It remains to be seen whether the South Dakota law is enforceable and if so whether other states with strong  agricultural production enact similar legislation.