Legal Opinion
United States v. Osage Wind, LLC
Court of Appeals for the Tenth Circuit
Decided September 18, 2017No. 15-5121 & 16-5022PublishedCited by 16 opinions
1Opinion of the Court
EBEL, Circuit Judge.
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 engages in “mining” of minerals owned by the Osage Nation, a federally approved lease must be obtained from the tribe. 25 C.F.R. § 214.7. The Bureau of Indian Affairs (BIA) has defined “mining” as the “science, technique, and business of mineral development[.]” 25…
2Cases cited15 opinions
- Skidmore v. Swift & Co.Supreme Court of the United States · 1944
- Barnhart v. ThomasSupreme Court of the United States · 2003
- Devlin v. ScardellettiSupreme Court of the United States · 2002
- Young v. United Parcel Service, Inc.Supreme Court of the United States · 2015
- Marino v. OrtizSupreme Court of the United States · 1988
10 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Watkins v. GeneshCourt of Appeals for the Tenth Circuit · 2025
- Mark Habelt v. Irhythm Technologies, Inc.Court of Appeals for the Ninth Circuit · 2023
- Canyon Fuel Company v. Secretary of LaborCourt of Appeals for the Tenth Circuit · 2018
- United States v. CarterCourt of Appeals for the Tenth Circuit · 2021
- Home Products International v. United StatesCourt of Appeals for the Federal Circuit · 2021
11 more not listed; retrieve them via the Exa API.