WINONA, Minn.– A company that lost its bid in state courts to mine for frac sand in Winona County, Minnesota Sands, filed an appeal to the U.S. Supreme Court. Minnesota Sands’ president, Rick Frick, said the Winona ban clearly interferes with interstate commerce as defined in the Commerce Clause of the U.S Constitution: “We believe the Minnesota Supreme Court’s recent decision to not overturn the ban creates dangerous conflicts with U.S. Supreme Court precedent.” The company claims it has $62 million stake in Winona County frac deposits. Odds don’t favor that the U.S. Supreme Court will consider the appeal. Of roughly 5,000 appeals a year, the Court typically hears only 80 to 120. “Minnesota Sands spokesperson Mike Zipko acknowledged the odds but added that the company has no options. “Like we said earlier, there are limited options left for the company. Minnesota Sands still believes, he said, that “banning a permanent natural resource for one company like this violates the constitution.”
Judicial path
2012: Environmentalists mounted campaign against fracking.
2016: Winona County Board voted 3-2 to ban the mining of “industrial minerals.”
2017: Winona County Judge Mary Leahy upheld the ban.
2018: Minnesota Court of Appeals upheld the ban.
2019: Minnesota Supreme Court upheld the ban 4-2.