Appeals court takes up challenge to Winona County's sand mining ban

The tiny particles of silica sand found in Winona County are very round and hard — perfect for "fracking," the process of extracting oil and gas from below ground.But Minnesota Sands LLC, which leases about 3,000 acres in the area, can't mine the sand because Winona County banned sand mining for industrial purposes in 2016, citing environmental and health concerns.It's still allowed for construction and agriculture, among other local uses. Minnesota Sands will argue in an appeals court hearing Thursday that the ban violates the Commerce Clause of the U.S. Constitution and that the ban devalued its land leases."We are appealing because the ban is a significant threat to anyone who benefits from the use of their land," said Minnesota Sands spokesperson Mike Zipko. "Allowing it to remain in place also creates a very real risk that Winona or other counties will build on this by passing or imposing other future unconstitutional restrictions on landowners."