The fight over a wind farm in Osage County took another step this week when the Osage Minerals Council argued the Tenth U.S. Circuit Court of Appeals was wrong in staying a ruling that said the wind farm operators should have obtained a mineral lease before starting construction.
In a filing with the Denver Federal Appeals Court, the Minerals Council stated that under the Federal Rule of Appellate Procedure, the court should not yet have ruled on a motion filed last week by the developer, Osage Wind.
Osage Wind, part of Enel Green’s operations wanted the stay, arguing the case could end up before the U.S. Supreme Court. But the Osage Minerals Council contends there is little chance the case could be reviewed by the higher court.
In the September ruling, as reported by OK Energy Today, the court essentially said the wind farm operator should have obtained a permit from the Minerals Council before starting construction on the wind farm.