Library filed under Legal from Oklahoma

Osage Nation seeks to intervene in wind lawsuit

The tribe’s Minerals Council has argued that the pits, measuring as much as 60 feet wide and 30 feet deep, amount to “mining” and violate the tribe’s mineral rights, which includes ownership of rocks and minerals below the surface. The Osage Wind development west of Pawhuska has destroyed more than 60,000 cubic yards of minerals, according to the lawsuit.
2 Dec 2015

Cell Tower Court Ruling Could Affect Wind Farms in Oklahoma

A State Appeals court recently upheld a lower court ruling that the telecommunications tower built on property near Ken Laubenstein’s home was a nuisance. ...But now some are wondering how the ruling might impact the state’s growing wind farms and possibly a lawsuit filed by landowners in Canadian and Kingfisher Counties against Apex Clean Energy Inc.
22 Oct 2015

Judge rules lawsuit against wind farm being constructed in Kingfisher can proceed

A U.S. district judge in Oklahoma, dismissed a claim of anticipatory trespass, but allowed a claim of anticipatory nuisance to progress against Kingfisher Wind LLC. ..."We're simply asking the court to hear the case soon before we lose the opportunity to protect our properties and families from being damaged by turbines that are planned too close to our homes."
26 Jun 2015

Residents in Canadian and Kingfisher counties seek permanent injunction against wind company

Owaa_press_release_6-12-15_thumb Saying they had exhausted all attempts to work with Apex, members of the lawsuit are, in the words of a press relase, “seeking protection from adverse health effects, and loss of use and value of their property, by requiring wind turbines be placed two miles from their properties.” The press release issued by the Oklahoma Wind Action Association can be accessed by clicking the link on this page.
12 Jun 2015

Oil company files suit against Kingfisher wind farm

Newfield Exploration said it didn’t receive adequate notice for the start of construction of the 298-megawatt Kingfisher Wind development northwest of Oklahoma City. The $450 million project is being built by Apex Clean Energy and is owned by private equity firm First Reserve.
19 Mar 2015

Walker v. APEX Wind: Order pertaining to motion to dismiss

Walker-v-apex-wind_thumb In this on-going nuisance claim filed by Walker et.al. against Apex Wind Construction et.al in advance of construction beginning at the Kingfisher wind facility, Apex filed a motion to dismiss. The court ruled on the motion finding that some portions of the motion were granted and others denied. Excerpts of the court ruling are provided below. The full ruling can be accessed by clicking the links on this page. 
26 Jan 2015

Osage Nation request for injunction

Osage-nation-v-enel_thumb The Osage Nation has filed a request for injunctive relief involving violations of Enel Kansas LLC and the construction of wind turbine foundations on Osage lands without permission a license. A portion of the filing is excerpted below. The full filing can be accessed by clicking the links on this page. 
15 Dec 2014

The United States v. Osage Wind et. el. Injunction to cease project construction

Us-vs-osagewind-etal_thumb The U.S. government filed a federal lawsuit against Osage Wind, an industrial wind energy project consisting of approximately 84-94 turbines that is now under construction. The US is seeking a full stop of project construction due to the unauthorized mining activities taking place at the site. A portion of the filing is provided below including the factual background. The full filing can be accessed by clicking the links on this page.
2 Dec 2014

Enel Green Power response to construction halt: Osage Wind Farm

Filed_enel_comments_11.21.14_pud_2014.232_thumb The U.S. Department of Interior filed a suit against Enel Green Power claiming the company is breaking the law by damaging and destroying rocks that belong to the Osage Nation during the construction of the Osage wind energy facility. This filing submitted by Enel Green Power responds to the law suit. According to the lawsuit, EnelGreen Power will excavate more than 60,000 cubic yards of minerals, which the suit said is considered mining by law.The company is excavating sand, soil and rock, then crushing some of the materials to use as reinforcement for the concrete turbine foundations.The full document can be accessed by clicking the link on this page. 
21 Nov 2014

Wind farm faces new challenge from Osage Nation

The Osage Nation is arguing that wind farm developers need a permit from the tribe to crush rocks at this location near the intersection of U.S. 60 and Oklahoma 18 for the construction wind turbine foundations seen Oct. 22, 2014. The Osage Wind Project argues that it already has all the necessary permits to continue construction
23 Oct 2014

http://www.windaction.org/posts?location=Oklahoma&p=2&topic=Legal
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