Oklahoma’s Osage Nation is awaiting a recommendation from the solicitor general as to whether the U.S. Supreme court will consider the tribe’s legal fight with the Osage Wind company. But it might be months before it learns if the case will be heard by the high court.
The issue was not among those accepted or denied by the Court in Monday’s decisions. Tribal Assistant Attorney General Clint Patterson told OK Energy Today the court asked the solicitor general for a recommendation.
“He’ll probably meet with both sides and refer the matter to the court,” he explained.
In an email to OK Energy today, Patterson wrote:
“Today (May 14) the Supreme Court requested the views of the Solicitor General in the Osage Wind case. Typically, the Solicitor General will schedule separate, back-to-back meetings with the parties (which could include the Nation and its Attorney General, along with the Minerals Council and its legal counsel), and will invite the DOI Solicitor’s Office to those meetings. DOI will be asked to provide its position by letter. The SG formulates its response to the Court. Because of the time required for all of this, it is likely that the Supreme Court will not decide whether to grant review until its next term. “
Patterson agreed that obviously, the tribe is hoping the recommendation is one of denial since it won the U.S.. 10th Circuit Court of Appeals ruling in the wind farm fight.
The fight began in 2014 after Osage Wind leased rights to 8,400 acres of private land to construct 84 wind towers. The tribe’s Osage Mineral Council tried to block the project since the Osage Nation owns all mineral rights in Osage County.
But the Mineral Council lost and took the case to the Denver Federal Appeals Court. There, the court ruled that Osage Wind had engaged in mining without a lease. The digging of foundations for the wind towers was considered to be mining.
Osage Wind is operated by Enel Wind Energy and took the case to the U.S. Supreme Court while the tribe is hoping the court allows the 10th Circuit decision to stand.