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Appeals Court upholds denial of frack sand mine permit

MADISON, Wis. (AP) — A Wisconsin appeals court has upheld a Trempealeau County decision denying a permit to open a new sand mine for use in hydraulic fracking.

The District 3 Court of Appeals on Tuesday ruled against Iowa-based AllEnergy Sand. It had argued that a Trempealeau County environmental and land use committee in 2013 wrongly denied its permit to open the 550-acre sand mine and processing plant.

A circuit court had affirmed the county committee’s action in January 2015 and the appeals court upheld that ruling Tuesday, saying the “decision was supported by substantial evidence.”

County officials denied AllEnergy’s application saying it was rushed and incomplete. The company wanted to open a mine near the town of Arcadia.

The denial came just before the county in western Wisconsin passed a yearlong mining moratorium.

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