Western Wisconsin Residents Test New Legal Approach To Block Frac Sand Mines

Residents in Wisconsin’s Jackson County are suing to stop the development of two frac sand mining operations. The cases are the first of their kind in the state.

A group of 20 landowners neighboring two proposed frac sand mines in the Town of Alma and village of Hixton want a judge to declare the projects private nuisances. Tom Lister, the group’s attorney, said the judge will have to decide whether the mines would interfere with neighbors’ property rights and whether the need for the sand mines outweighs those rights. He argues there are already more mines than necessary.

“There’s an abundant oversupply and would be even if the frac-oil industry recovered to its previous height,” he said.

“Our position is that given that there are some 77 sand mines in Wisconsin, most of them inactive, and given the state of the sand mine industry, that there is no imaginable need for any more sand mines,” Lister said. “There’s an abundant oversupply and would be even if the frac-oil industry recovered to its previous height.”

Lister said the companies, AllEnergy of Iowa and Terracore of Alberta, Canada have been served and have 45 days to respond to the lawsuits.

A spokeswoman for Terracore said the company has adhered to all legal requirements.