Tuesday, August 14th

Conservationists and a prominent property rights advocate have weighed in with the Wisconsin appeals court on behalf of Jackson County landowners who sued to block a proposed frac sand operation.

The Wisconsin Court of Appeals is considering a case brought by three families who sued AllEnergy Sand of Des Moines to stop the $130 million project on the grounds it would create a nuisance.

Greg Krueger and his co-plaintiffs claimed the 750-acre mine, processing plant and rail terminal would generate air, water, noise and light pollution, destroy the landscape, deplete groundwater supplies and unreasonably interfere with their right to peaceful enjoyment of their land.

In a brief filed on behalf of two local conservation groups, James Huffman, a professor and former dean of the Lewis and Clark Law School, argues that pre-emptive intervention is necessary when the proposed action could result in irreparable harm.