ELR Citation: 54 ELR 20003
No(s). 4:14-cv-00704-JCG-JFJ (N.D. Okla. Dec 20, 2023) (Choe-Groves, J.)

A district court on remand ordered that a commercial wind farm constructed on Osage Nation land be removed in a challenge brought against the farm's developers. The federal government argued the developers engaged in unauthorized mining and excavation in the Osage mineral estate without first obtaining a lease, and sought permanent injunctive relief requiring cessation of the developers' activities. The district court held that the developers' activities did not constitute mining and that a lease was not required. The Osage Mineral Council intervened, and the Tenth Circuit reversed, finding that construction of the farm constituted mining and required a lease. On remand, the district court found that the developers' continued lack of a lease and presence of the farm constituted continuing trespass and ordered the farm to be removed.