Library filed under Legal from Oklahoma
A federal judge on Thursday dismissed an anticipatory nuisance case brought by a group of landowners worried about the noise and health effects of the Kingfisher wind farm.
Acting on behalf of the Osage Minerals Council, the United States brought the litigation forward in 2014, contending that the company was appraised of that requirement but ignored it anyway and at one point, sped up construction in an effort to finish its work before a federal court could issue a ruling.
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.
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.
Wind developments in Osage County do not violate tribal mineral rights, according to a federal court ruling Wednesday, rejecting arguments from both the Osage Nation and the U.S. Department of the Interior.
The landowners filed the lawsuit a year ago, listing concerns about noise, ice shearing off turbine blades, shadow flicker and other complaints. DeGiusti allowed a claim of anticipatory nuisance to progress but dismissed a claim of anticipatory trespass earlier this summer.
The suit refers to the irreparable harm caused by nuisance and unavoidable negative health impacts caused to people by the noise, infrasound and shadow flicker generated by turbines. Research shows a negative impact to health for people within close proximity of a turbine.
The battle continues in Canadian and Kingfisher counties over the Kingfisher Wind Project. The project's construction, by APEX Clean Energy, was halted earlier this month because of a temporary restraining order filed by Merit Energy.
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."
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.
Apex said the Kingfisher Wind project would generate $1.5 million per year in new tax revenue for county government and schools and provide $2 million per year in lease payments ...Newfield said its production activitiesare expected to provide more than $330 million in royalties from 2015 to 2017.
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.
A federal judge will let a nuisance complaint against a wind farm under construction in Kingfisher and Canadian counties go forward, although he dismissed another claim against Apex Clean Energy.
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.
U.S. Attorney Danny Williams is pressing ahead with the larger lawsuit, accusing the wind development of violating the mineral rights of the Osage Nation. ...the federal lawsuit, is not only demanding that the developers pay the tribe for the lost minerals but also remove any structures that have been “placed without authorization.”
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.
Last month when the U.S. government filed a federal lawsuit against a wind development near Pawhuska, the Osage Nation complained that it wouldn’t stop construction in time. ...So this week, federal authorities are seeking a court order to stop construction immediately.
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.
The U.S. Department of Interior filed the suit late Friday, claiming Enel-Green Power, the company behind the project, is breaking the law by damaging and destroying rocks that belong to the Osage Nation.
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.