Frac Sand Mining

The following select resources represent a collection of court filings and judicial opinions regarding frac sand mining. Furthermore, it may be necessary to view certain decisions via an online legal research database.

• In November 2016, the Winona County Board of Commissioners amended the County Zoning Ordinance and prohibited industrial mining operations in rural Winona, including silica sand mining operations used in the process of hydraulic fracturing;
  The Southeast Minnesota Property Owners brought legal actions against the County of Winona challenging the above ban in the Minnesota Third Judicial District – Winona County District (Southeast Minnesota Property Owners v. County of Winona, Minnesota, docket no. 85-cv-17-516);
  In April 2017, Minnesota Sands, LLC filed a suit against the County of Winona, also challenging the amended zoning ordinance (Minnesota Sands, LLC v. County of Winona, Minnesota, docket no. 85-cv-17-771). The two lawsuits were joined into a single case during July 2017.
  • In the Minnesota Third Judicial District – Winona County District, docket no. 85-cv-17-516; 85-cv-17-771
    • Winona County District Court’s Order (upheld the county’s ban on frac sand mining) (November 17, 2017)
  • In the Minnesota Court of Appeals, docket no. A18-0090
    • Minnesota Court of Appeals’ Opinion (upheld the county’s ban) (July 30, 2018)
• Erickson v. Minnesota Dept. of Natural Resources, in the Minnesota Court of Appeals
  • Unpublished Opinion (Filed July 20, 2016) (Reversed the Department of Natural Resources’ decision that relators’ silica sand mining operation was subject to the setback-permit provision of Minn. State. § 103G.217 (2014))
• In re Environmental Impact Statement, in the Minnesota Court of Appeals
  • Opinion (Filed June 16, 2014) (Holding that substantial evidence supported the county board’s conclusion that the silica sand mining project would not have significant environmental effects)
• Town of Burnside et al. v. City of Independence
  • In the Wisconsin Court of Appeals, docket no. 2016AP34-AC
    • Wisconsin Court of Appeals’ Opinion (November 29, 2016)
• O’Connor v. Buffalo County Bd. of Adjustment, in the Wisconsin Court of Appeals
  • Opinion (Filed April 22, 2014) (Holding that the zoning ordinance regarding conditional uses on land that was zoned for agriculture allowed frac sand mining)

For more information, please contact the Guide Author, Jessica Deyoe,  Research Assistant  at The Center for Agricultural and Shale Law.  

Phone: (814) 865-4290

Email: jld531@psu.edu

The Center for Agricultural and Shale Law

Penn State Law

The Pennsylvania State University

329 Innovation Blvd., Suite 118

University Park, PA 16803

Phone: (814) 865-4290

Fax: (814) 865-3851