Okla. Judge Axes Wind Farm's Damage Defense In Osage Suit

By Diamond Naga Siu (January 12, 2021, 9:23 PM EST) -- An Oklahoma federal judge on Monday rejected several arguments raised by a group of wind farm developers seeking to escape damages for trespassing on tribal land and for failing to obtain permission for their wind turbine project on Osage Nation land.

Osage Minerals Council, which negotiates the tribe's mineral leases, requested in November that U.S. District Judge Gregory K. Frizzell dismiss wind farm developer Osage Wind LLC's estoppel, laches, waiver, unclean hands and in pari delicto arguments. OMC and the tribe argued that Osage Wind was trying to raise affirmative defenses under state law, even though the Tenth Circuit has ruled that federal policy...

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