The Denver Federal Appeals court ruling against wind farm developers in Osage County will apparently stand. The Tenth Circuit Court rejected the appeal this week of the developers in the court’s ruling that said they should have obtained a mineral lease from the Osage Nation and the Bureau of Indian Affairs before construction of the Osage Wind Farm.
The decision this week proved to be a loss for Osage Wind LLC, Enel Kansas LLC and Enel Green Power North America, Inc.
“Appellant’s petition for rehearing is denied,” wrote a clerk for the judges. “The petition for rehearing en banc was transmitted to all of the judges of the court who are in regular active service. As no member of the panel and no judge in regular active service on the court requested that the court be polled, that petition is also denied.”
The appeal was filed after the Tenth Circuit Panel ruled in September in favor of the Osage Nation which fought the wind farm development as OK Energy Today reported. The ruling was based on the tribe’s argument that since rocks were dug up from the holes for the turbine towers, it constituted “mineral development” and the developer should have sought approval and a mining permit from the Osage Minerals Council.