Minnesota - Mining

摘要

Ban on Sand Mining Upheld by Minnesota Supreme Court In Minnesota Sands, LLC v. County of Winona, 940 N.W.2d 183 (Minn. 2020), aff'g 917N.W.2d775 (Minn. Ct. App. 2018), in a sharply divided decision, the Minnesota Supreme Court upheld a local ordinance banning the mining of sand used for hydraulic fracturing. A four-justice majority, with three justices dissenting, rejected the mining company's claims under the Takings Clauses of the federal and state constitutions. Five justices agreed that the ordinance did not violate the Commerce Clause of the U.S. Constitution. The company filed a petition for certiorari with the U.S. Supreme Court, which remains pending as of the time of this report.