Osage Nation Wants Wind Farm Cos.' Damage Defenses Nixed

Law360 (December 21, 2020, 3:28 PM EST) -- A council that negotiates mineral leases for the Osage Nation of Oklahoma is seeking to strike down defenses put forward by a group of wind farm developers, as an Oklahoma federal court considers appropriate damages for their trespass on Osage lands.

In a Friday reply brief, the Osage Minerals Council argued that developers Osage Wind LLC, Enel Kansas LLC and Enel Green Power North America Inc. are wrongly trying to raise affirmative defenses under state law, even though the Tenth Circuit has ruled that federal policy protecting Indian trust assets overrides such defenses.

The developers therefore cannot raise defenses like estoppel,...

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