10th Circ. Won’t Revisit Osage Nation Wind Farm Lease Case

Law360, New York (October 17, 2017, 9:07 PM EDT) -- The Tenth Circuit on Tuesday declined to revisit its decision that said wind farm developers should have obtained a mineral lease from the Osage Nation along with Bureau of Indian Affairs approval before starting surface construction for an Oklahoma wind farm.

The denial means that the Tenth Circuit panel’s decision from September in favor the Osage Nation through the Osage Minerals Council will hold. That decision said excavation work that included supporting turbines with rocks dug up from the holes they were placed in constituted “mineral development” as defined by BIA regulations, and thus required a mineral lease from the Osage Nation...

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