Articles filed under Legal from Oklahoma
NextEra is building more than 160 turbines, and many neighbors say they are do it illegally. “The law is very clear,” said attorney Kim Spady, who represents some neighbors from Hinton.
Pending litigation over the property tax obligations of Rock Falls Wind Project in Grant and Kay counties could set dramatic new precedents and fundamentally change the way wind-energy projects are incentivized in Oklahoma.
OKLAHOMA CITY - State leaders have formally notified Florida-based NextEra Energy that the company's recent construction of nearly two dozen wind turbines in Canadian County violates a new state law.
The actions of a Florida-based energy company are proving to be a test case for a new law intended to protect what many believe is Oklahoma's most valuable military asset -- air space. A News 9 investigation reveals the company, NextEra Energy, is putting up new wind turbines without the needed federal approval, in violation of a recently approved state law.
Texas dealt a potential death blow to what would be the largest-ever U.S. wind farm: American Electric Power Co.’s $4.5 billion Wind Catcher project. ...“The costs are known,” DeAnn Walker, chairman of the Texas commission, said Thursday at a hearing. “But the benefits are based on a lot of assumptions that are questionable.”
A clean energy company dropped out of The Wind Coalition this year after a legislator made accusations about a tracking device found on his pickup, The Oklahoman has learned.
Public Service Company of Oklahoma filed a 23-page exceptions report Feb. 23 in response to an Oklahoma Corporation Commission administrative law judge's recommendation earlier this month against pre-approval of PSO's request to allow the company to charge ratepayers to help fund the project.
United States of America v. Osage Wind, LLC et al., 871 F.3d 1078 2017 WL 4109940 (10th Cir. Sept. 18, 2017). Causing heartburn for project applicants developing on tribal land, the Tenth Circuit reversed the District Court for the Northern District of Oklahoma’s grant of summary judgment and determined that the defendants’ large-scale excavation project, involving site modification and the use of excavated rock and soil in the installation of wind turbines, constituted “mining” under federal regulations addressing mineral development on Native American land. Id. at *1. This decision creates new obligations for developers, which could result in delay and additional costs.
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.
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.
U.S. District Judge Stephen P. Friot ruled on a narrow jurisdictional issue on whether Minco Wind IV LLC and Minco V LLC had the standing to challenge a town ordinance. Hinton's Board of Trustees adopted an ordinance in January declaring wind project equipment within two miles of the town to be a public nuisance.
In a 5-1 decision, the justices overturned a lower court’s dismissal of the case, which argues that the Osage County Wind Energy Ordinance should be thrown out because county commissioners allegedly failed to give proper public notice before approving it.
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.
Minco Wind IV LLC and Minco Wind V LLC, affiliates of NextEra Energy Resources LLC, said the town's Jan. 17 ordinance calling their equipment a public nuisance was "intended to restrict and curtail the Minco projects."
A group in Caddo County has filed a lawsuit against two wind farms, claiming the developer didn't adequately notify state and local officials and nearby residents of turbine locations.
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.