This is an update from an alert on October 25, 2011. (Click here to read the October 25, 2011 alert).
On October 18, 2011, the Osage Nation, an Oklahoma Indian tribe, filed litigation asking the U.S. District Court for the Northern District of Oklahoma to address the issues that arise when multiple energy producers? interests collide; that is, whether or not the construction of a wind farm will interfere with the Osage Nation?s access to and extraction and development of the minerals underlying the disputed surface.
U.S. District Judge Gregory Frizzell has now ordered that this dispute go to trial on December 14, 2011. Importantly, Judge Frizzell ordered that the trial be on the merits and not merely an injunction hearing, because the factual issues raised in the Osage Nation?s complaint are straightforward and identical to those that would be raised if the trial were held later.
Click here to read the entire alert.