Community , Minerals Council

Osage Wind litigation advances as parties begin discovery

Photo caption: Contractors work on the base of a wind turbine in 2014 on the Osage Mineral Estate. Osage News File Photo

TULSA — Attorneys on both sides of the ongoing Osage Wind litigation are asking their opposing counsel to show their work.

In dueling motions to compel filed Aug. 18 and Aug. 20 respectively, attorneys for the Osage Minerals Council, Osage Wind and its parent entities Enel Green Power North America and Enel Kansas laid out laundry lists of documents sought in an effort to make their case.

Among the documents sought by Enel Green Power North America’s attorneys include documentation to show how damages associated with Osage Wind were calculated, copies of all Osage Minerals Council newsletters published since 2001 and all communications between the Osage Minerals Council and Osage Nation regarding the wind farm dating back to Jan. 1, 2010.

“The OMC has only made the vaguest and broadest descriptions of its damages (and even those were in court filings, not discovery responses),” attorney Ryan Ray wrote. “The OMC must do more, even if an expert will ultimately testify about some aspects of its damage claims.”

Meanwhile, the Osage Minerals Council is asking for documents to back up claims from Enel Green Power North America and Enel Kansas that it believed it was acting in “good faith” when it began excavation work on Osage Wind without a federal lease or permit.

“Despite Defendants’ repeated reference to and reliance on their counsel’s ‘detailed legal analysis’ to assert they acted in ‘good faith’ when they excavated the Osage Mineral Estate, Defendants have refused to produce the relevant communication and documents that relate to the creation of, and research behind, the ‘detailed legal analysis’ they continue to affirmatively rely on,” OMC attorney Mary Kathryn Nagle wrote.

According to court documents, a status conference is scheduled for 10 a.m. on Oct. 7 via telephone.

As per a scheduling order issued July 15 by Judge Gregory Frizzell, the discovery deadline for all parties has been extended to Dec. 18 due to the ongoing pandemic. Dispositive motions, or motions to dismiss, are due by Jan. 22, 2021. A trial date has not been set and is projected to take up to 10 days should the case proceed that far.