Wisconsin appeals court rejects frack sand lawsuit

MADISON, Wis. (AP) -- An appeals court has rejected efforts by a group of landowners to block a proposed frack sand operation in western Wisconsin.

But the ruling could allow legal challenges based on damages that haven't yet occurred.

The Wisconsin State Journal reports that an appeals court ruled last week that Jackson County landowners didn't provide enough evidence to show they would be harmed by AllEnergy Hixton's proposed $130 million project. Three families in Hixton had appealed their 2016 lawsuit against the Iowa-based company after it was dismissed.

The court recognized the landowners' legal strategy known as "anticipated private nuisance" under Wisconsin law. The case is the first in the state to apply the legal theory to the frack sand industry.

Attorney Tim Jacobson says the ruling is "a huge victory for private property rights."

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