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U.S. v. OSAGE WIND, LLC

Nos. 15-5121 & 16-5022.

871 F.3d 1078 (2017)

UNITED STATES of America, Plaintiff, v. OSAGE WIND, LLC; Enel Kansas, LLC; Enel Green Power North America, Inc., Defendants-Appellees. Osage Minerals Council, Movant to Intervene-Appellant.

United States Court of Appeals, Tenth Circuit.

FILED September 18, 2017.

Attorney(s) appearing for the Case

Jeffrey S. Rasmussen ( Rebecca Sher & Peter J. Breuer with him on the briefs), Fredericks Peebles & Morgan, LLP, Louisville, Colorado, for Appellant.

Ryan A. Ray , Norman Wohlgemuth Chandler Jeter Barnett & Ray, P.C., Tulsa, Oklahoma ( Lynn H. Slade & Sarah M. Stevenson , Modrall, Sperling, Roehl, Harris & Sisk, P.A., Albuquerque, New Mexico, with him on the brief), for Appellees.

Before BRISCOE, EBEL, and PHILLIPS, Circuit Judges.

This case presents the question whether a large-scale excavation project — which involved the excavation, modification, and use of rock and soil during the installation of wind turbines — constituted "mining" under the pertinent federal regulations that address mineral development on Indian land. When an entity...

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