Wind Farm Seeks To Restore Defenses In Osage Trespass Suit

Law360 (June 15, 2021, 6:26 PM EDT) — Wind farm developers urged an Oklahoma federal court to reconsider its decision to block some of their defenses for their trespass on Osage Nation lands as the court weighs the appropriate remedy, arguing no one ever stepped in to correct their understanding about what permissions were needed. Osage Wind LLC, Enel Kansas LLC and Enel Green Power North America Inc. urged the court Monday to reconsider its dismissal of several of their affirmative defenses — including laches and unclean hands — that they said should be considered as the court considers appropriate damages for their failure to secure a lease from. . . Stay ahead of the curve

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