Articles filed under Legal from Oklahoma
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.
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.