12 local citizens appealing the Winona County Board's decisions on the Nisbit frac sand mine in Saratoga Township filed their legal brief last week with the Minnesota Court of Appeals.
The citizens joined together this spring to contest the County Board's decision in April to not require an Environmental Impact Statement on the mine. They are also contesting the County Board's decision in June to grant the Nisbit mine a conditional use permit.
The brief calls on the Court of Appeals to require the Winona County Board to order an EIS on the mine and to vacate the mine's permit until the EIS is completed. " An EIS is a much more comprehensive form of environmental review than the short Environmental Assessment Worksheet which has been completed on the mine.
The brief claims the County Board majority got ahead of itself in permitting the mine without ordering an EIS.