Library filed under Legal from Oklahoma

10th Circuit Court declines to rehear Wind Farm case

In a unanimous decision issued in mid-September, a three-judge panel reversed and remanded a September 2015 summary judgment from the Northern District Court of Oklahoma that allowed Osage Wind to conduct excavation work in order to set up 84 wind turbines across 8,400 acres without a mining permit from the Bureau of Indian Affairs or approval from the Osage Minerals Council.
18 Oct 2017

Osage Nation wins wind farm fight

The Denver Federal Appeals court, in a unanimous decision overturned a lower court ruling and said Enel Green, the owner of Osage Wind, had to obtain a mining permit in the construction of its wind farm in western Osage County, land controlled by the Osage Nation.
27 Sep 2017

NextEra wants wind farm dispute out of federal hands

Attorney Kimberlee Spady represents the plaintiffs and alleged in her petition that NextEra filed the forms, but did not include the latitude and longitude of each turbine or specify the distance from the nearest airport, among other things. The public notices published in The Hinton Record also didn’t include information required by state law, Spady wrote.
16 Mar 2017

Nation awaits 10th Circuit Court ruling in Wind Farm case

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.
11 Oct 2016

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

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