Frac-sand company taking Winona mining ban to state Supreme Court

ST. PAUL, Minn. — Winona County’s fight against frac-sand mining could be heard by the Minnesota Supreme Court.

Minnesota Sands filed a petition with the high court to knock down the Winona County mining ban as unconstitutional.

The company argued the county’s ban is unconstitutional because it singles out sand used for industrial purposes, while allowing mining for local construction uses.

The board has allowed mining to continue for construction sand, a cheaper, less pure material used on roadways and for other commercial purposes.

Last month, a state appeals court upheld the ban. The suit was filed by Minnesota Sand and a group of landowners in July.

Winona County approved its frac-sand ban in November 2016, while allowing sand to be mined for those local construction projects.

The sand is used to fracture shale rock in order to extract oil and natural gas.