Case Summary Citation
United States v. Osage Wind, LLC, 871 F.3d 1078 (10th Cir. 2017)
The Osage Nation, as owner of the beneficial interest in its mineral estate, issues federally-approved leases to persons and entities who wish to conduct mineral development on its lands. After an energy-development company, Osage Wind, leased privately-owned surface lands within Tribal reservation boundaries and began to excavate minerals for purposes of constructing a wind farm, the United States brought suit on the Tribe’s behalf. In the ensuing litigation, the Osage Nation insisted that Osage Wind should have obtained a mineral lease from the Tribe before beginning its work. In its decision, the Tenth Circuit applied one of the Indian law canons of construction and concluded that the digging, crushing, and sorting of minerals by Osage Wind amounted to “mineral development” under the definition of “mining,” and therefore required a mineral lease issued by the Osage Mineral Council.
Administrative Law Commons, Civil Procedure Commons, Common Law Commons, Contracts Commons, Courts Commons, Energy and Utilities Law Commons, Environmental Law Commons, Estates and Trusts Commons, Government Contracts Commons, Indian and Aboriginal Law Commons, Jurisdiction Commons, Law and Race Commons, Legal Remedies Commons, Natural Resources Law Commons, Oil, Gas, and Mineral Law Commons, President/Executive Department Commons, Property Law and Real Estate Commons, State and Local Government Law Commons, Torts Commons