Lost in the uproar over silica sand mining is a serious threat to Minnesota’s environmental-review procedures with potentially far-reaching implications. And it appears no one in state government or our congressional delegation is taking this threat seriously.
In the historic Mississippi River town of Wabasha, a clever and aggressive Canadian sand company found a way to flout Minnesota’s environmental-review measures. They leased land from a railroad and then claimed exemption from state and local review, using the railroad’s federal right of pre-emption over state and local zoning laws. This longstanding privilege basically says that state and local governments cannot restrict a railroad’s right to operate in interstate commerce.