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ARTICLE · 21 JUNE 2024

Wind Farm Ejected From Osage Land

Gray Reed
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In United States v. Osage Wind LLC a federal court in Oklahoma awarded permanent injunctive relief against a developer in the form of ejectment of a wind turbine farm after finding a continuing trespass.

United StatesEnergy and Natural Resources
Charles Sartain
Charles Sartain
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In United States v. Osage Wind LLC a federal court in Oklahoma awarded permanent injunctive relief against a developer in the form of ejectment of a wind turbine farm after finding a continuing trespass.

The history

Beginning in 2010 Osage Wind leased 8400 acres of surface land in Osage County, Oklahoma. The Osage Nation sued to block construction on the basis that the project unlawfully deprived the Nation of access to the right to develop the mineral estate. That suit was dismissed on the merits. Defendants began construction soon after that. The wind farm began operating in 2015 and consists of 84 turbines and associated infrastructure.

The construction consisted of excavating holes to accommodate cement foundations measuring 10 by 60 feet. The developer sorted rocks, crushed them into smaller rocks, and used the smaller rocks as backfill for structural support for each turbine tower.

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