40 Trempealeau County Landowners Sue Hi-Crush Frac Sand Mines

A group of 40 landowners in Trempealeau County are suing two frac sand mines owned by Texas-based Hi-Crush Proppants, LLC claiming the operations are nuisances that have hurt their quality of life while driving down property values.

Four separate lawsuits are directed at Hi-Crush sand mining and processing facilities in the cities of Whitehall and Blair.

Plaintiffs say the company hasn’t done enough to mitigate its impact on neighbors. Plaintiffs allege dust from the mines has inundated their properties and their homes. Some have alleged their private wells have been made cloudy with sediment since the companies have started operating.

La Crosse attorney Tim Jacobson is representing the landowners in the suit. He said for many of them, living next to the mines has been a “living hell.”

“There’s significant diminution in their property value,” said Jacobson. “They’re dealing with air pollution. Some of them are dealing with water pollution, noise pollution, seismic activity from blasting, light pollution, negative health effects from living around this stressful, noisy, dirty environment and we have situations where people can’t socialize anymore. They can’t open their windows in their homes because their homes get inundated with silica dust.”

Both of Hi-Crush’s Trempealeau County operations were located in townships until they were annexed by Whitehall, Blaire and the City of Independence. That means local oversight of the mines comes from cities miles from where the operations are located. Jacobson said his clients have tried unsuccessfully to challenge the mines through local government officials and state agencies.

“And really the only mechanism left in our system of government and system of law is private property rights,” said Jacobson.

The plaintiffs are seeking monetary compensation from Hi-Crush, which would include a fund “for the purpose of establishing and maintaining a testing and treatment program” that would provide medical testing and medical treatment if necessary.

A statement sent by Hi-Crush spokesman Steve Bell stated that the company strives every day to adhere to all applicable rules, regulations and agreements with local governments. It also pointed to Hi-Crush’s designation by the state Department of Natural Resources as a Green Tier company, which signifies environmental efforts made by private businesses.

“As a Green Tier company, we recognize the importance of environmental stewardship and being a good neighbor. We take these matters seriously and will present a vigorous defense based on the facts and the law,” said Bell.