Osage Nation back in court in latest bid to rid mineral estate of wind farm kosu.org - get the latest breaking news, showbiz & celebrity photos, sport news & rumours, viral videos and top stories from kosu.org Daily Mail and Mail on Sunday newspapers.
Wind farm developers urged an Oklahoma federal court to reconsider its decision to block some of their defenses for their trespass on Osage Nation lands as the court weighs the appropriate remedy, arguing no one ever stepped in to correct their understanding about what permissions were needed.
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Osage Nation Wants Wind Farm Cos. Damage Defenses Nixed
Law360 (December 21, 2020, 3:28 PM EST) A council that negotiates mineral leases for the Osage Nation of Oklahoma is seeking to strike down defenses put forward by a group of wind farm developers, as an Oklahoma federal court considers appropriate damages for their trespass on Osage lands.
In a Friday reply brief, the Osage Minerals Council argued that developers Osage Wind LLC, Enel Kansas LLC and Enel Green Power North America Inc. are wrongly trying to raise affirmative defenses under state law, even though the Tenth Circuit has ruled that federal policy protecting Indian trust assets overrides such defenses.