§ 10-20-4 - Burden of proof.
SECTION 10-20-4
§ 10-20-4 Burden of proof. – (a) In any action maintained under § 10-20-3, where the subject of theaction is conduct governed by an environmental quality standard promulgated orissued by an environmental control agency, whenever the plaintiff shall havemade a prima facie showing that the conduct of the defendant violates or islikely to violate the environmental quality standard, the defendant may rebutthe prima facie showing by the submission of evidence to the contrary.
(b) In any other action maintained under § 10-20-3,whenever the plaintiff shall have made a prima facie showing that the conductof the defendant has, or is likely to cause the pollution, impairment ordestruction of the air, water, land, or other natural resources located withinthe state, the defendant may rebut the prima facie showing by the submission ofevidence to the contrary. The defendant may also show, by way of an affirmativedefense, that there is no feasible, prudent, and economically viablealternative and the conduct at issue is consistent with the reasonablerequirements of the public health, safety, and welfare.