Wisconsin Frac Sand Mining Harms Lawsuit: Cooks Valley couple files lawsuit against EOG Resources and Kraemer Mining & Materials for property and groundwater pollution, damages to home, radon gas, health and property value harms

“Frac Sand Mines, Processing Plants, and Rail-load-outs can be found in abundance in NW Wisconsin. Many people, young and old alike, have had their lives impacted upon by health, safety, economic concerns and an abundance of other issues surrounding this industry since it first came into Wisconsin and particularly into Chippewa Co. about 2008 when it was first announced there would be “sand, sand….just sand” and mining operations coming into the county without any concerns. Issues clearly surfaced and people fought the threats with all their might. The following documents really give you, as a reader, a very understandable report on just how individuals and groups of people can be harmed. Please feel free to share this information with others both locally, statewide and nationally.

Special Note: There are some really brave people including minorities in the rural and urban areas who have endured lots of events and health issues. Be sure to have your well water tested not only for yourself but for your animal populations. A radon test is critical if you are close to blasting areas near mining facility sites. I have a few of those available. And if you would like a Purple Air Monitor installed at your home site, please let me (715-723-6398) or Dr. Pierce know of your need as he and his interns at UW-EAU CLAIRE are deeply involved in the scientific collection of data regarding air quality issues. It is critical to your health and your family’s health, too, that you participate in “citizen science” by allowing them to collect data using the Purple Air Monitoring Tools at a site on your property at no cost to you if you qualify. Thanks go once again to the Colfax Messenger and LeAnn R. Ralph for this important information.

Patricia Popple email hidden; JavaScript is required

Cooks Valley couple files lawsuit against EOG Resources and Kraemer Mining & Materials by LeAnn R. Ralph, Jan 20, 2021, Colfax Messanger

Legal dispute erupts over frac sand operations by Superior Telegram, July 19, 2011

Mighty evil of corporations to attack towns and municipalities trying to protect their residents, public health and environment from known frac harms.

(COOKS VALLEY) A lawsuit between a western Wisconsin town and landowners looking to mine sand used in oil and gas drilling may be headed to the state Supreme Court.

The lawsuit alleges that the Town of Cook’s Valley, just north of Chippewa Falls, passed an illegal ordinance to regulate companies looking to mine silica sand, otherwise known as frac sand. If a municipality is zoned an industrial operation like a sand mine needs a permit that sets standards for things like location, noise pollution and hours of operation. But Cook’s Valley isn’t zoned and therefore has much less power over industrial activities.

Attorney John Behling represents four landowners working with frac sand companies who filed the lawsuit. He says the town used police powers, which pertain to public safety, to dictate where and how a mine can be built.

“It’s a police power that was overreaching and went too far, and we felt that it was more of an attempt to enact a zoning code,” Behling said.

The ordinance was ruled invalid by a circuit court judge and went on to Wisconsin’s 3rd District Court of Appeals. It was then passed off to the state Supreme Court to establish a test to find whether the town’s ordinance is really a zoning issue.

Attorney Glenn Stoddard helped write the Cook’s Valley mining ordinance. He says the ordinance is an across the board regulation meant to protect residents.

“There’s a lot of prospecting and development,” says Stoddard. “And as a result there’s also a lot of public concern and local governments in a number of areas are trying to figure out how to regulate these activities in order to protect the public.”

Other unzoned municipalities that have looked into similar regulations of frac sand mining include Howard, Sioux Creek and Chetek.

Refer also to:

2021 02 25: Frac sand mining webinar: February 18, 2021, 1:00pm CT (2:00pm ET). Registration required by Feb 8, 2021

2021 01 12: U.S. Supreme Court turns down petition by Minnesota Sands LLC seeking to overturn Winona county’s ordinance banning the mining of frac sand.

2021 01 06: Wisconsin: Judge denies frac sand mine permit; Rules regulator broke the law (as oil patch regulators do regularly, everywhere) when it granted Meteor Timber permit to fill 16 acres of wetlands

2020 05 20: Suicide among U.S. working-age population (ages 16–64 years) is increasing; in 2017, nearly 38,000 persons died by suicide, a 40% rate increase in less than 2 decades. Rates significantly higher in five major industry groups with Mining, Quarrying, and Oil and Gas Extraction (males) at the top.

2019: Scared of UK’s frac ban? USA Senator Pat Toomey introduces a bill to ban a president from banning frac’ing.

2019: Chippewa Co. Wisconsin: Arsenic levels at **bankrupt** frac sand mine 7 times higher than state cleanup standards; DNR has ‘reasonable concern’ heavy metals in holding ponds might have contaminated groundwater.

2019: Frac Sand Harm, Western Wisconsin: Judge allows Hi-Crush lawsuits to proceed but requires neighbors to document harms

2019: Jackson Co, Wisconsin: Elevated levels cadmium, chromium, copper, lead, nickel, zinc were found in surface water samples after 400,000 gallows muddy frac sand mine spill into Curran Coulee Creek; Aluminum concentrations more than 17 times higher than upstream of spill site

2019: 400,000 gallons frac sand mine sludge spews into Class II trout stream in Wisconsin; Regulator knee high boots caked in yellowish muck, waits 3 days to take samples. Intentional waste management via dumping?

2014: Victory Nickel’s commissioning of Seven Persons Frac Sand Plan underway near Medicine Hat, Rail deliveries of Wisconsin sand concentrate continue to arrive in Alberta

2012: Sand rush: Wisconsin frac sand mining sites more than doubled in past year

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