A Tulsa federal refused to reverse part of a Magistrate Judge’s opinions against Osage Wind, LLC in a lawsuit filed 7 years ago over its installation of 84 wind turbines in Oklahoma’s Osage County.
U.S. Judge Gregory K. Frizzell issued his recent ruling in the case where Osage Wind’s construction of the wind farm constituted “mining” which would have required a lease approved by the Secretary of the Interior.
The case involves a fight between Osage Wind and the Osage Minerals Council which successfully took the original case to the 10th U.S. Circuit Court of Appeals in 2017.
Osage Wind recently sought court approval of its request for information and documents between the Bureau of Indian Affairs with the Osage Minerals Council and the Osage Nation. When Magistrate Jodi F. Jayne ruled against Osage Wind, the firm filed a challenge.
The denial by Judge Frizzell went against Osage Wind, LLC; Enel Kansas, LLC and Enel Green Power North America, Inc.