10th Circuit Reverses, Says Excavation Work Is ‘Mineral Development’

Mealey's (September 19, 2017, 2:48 PM EDT) -- DENVER — Construction of a wind farm interfered with an Indian tribe’s reserved mineral rights because excavation work for turbine foundations for the project constituted “mineral development” and, therefore, the developer needed to procure a lease for the work, the 10th Circuit U.S. Court of Appeals found Sept. 18 (United States of America v. Osage Wind, LLC, et al., No. 14-cv-704, N.D. Okla.; 2015 U.S. Dist. LEXIS 132480)....