Osage Wind, LLC v. Osage Mineral Council

Pending petition
Docket No. Op. Below Argument Opinion Vote Author Term
17-1237 10th Cir. TBD TBD TBD TBD TBD

Disclosure: Goldstein & Russell, P.C., whose attorneys contribute to this blog in various capacities, is among the counsel to the petitioner in this case.

Issues: (1) Whether a court of appeals has jurisdiction over an appeal filed by a nonparty when the nonparty did not participate in any capacity in the district court proceedings; and (2) whether the U.S. Court of Appeals for the 10th Circuit improperly invoked the Indian canon of construction to deprive surface-estate owners who are members or successors-in-interest to Indian tribe members of important property rights by overriding clear regulatory language for the express purpose of favoring the economic interests of an Indian tribe without examining congressional intent.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Dec 27 2017Application (17A690) to extend the time to file a petition for a writ of certiorari from January 15, 2018 to March 2, 2018, submitted to Justice Sotomayor.
Dec 28 2017Application (17A690) granted by Justice Sotomayor extending the time to file until March 2, 2018.
Mar 02 2018Petition for a writ of certiorari filed. (Response due April 5, 2018)
Apr 05 2018Motion for leave to file amici brief filed by Osage County Farm Bureau, Inc., et al.
Apr 05 2018Brief of respondent Osage Minerals Council in opposition filed.
Apr 05 2018Motion for leave to file amicus brief filed by American Wind Energy Association.
Apr 19 2018Response to motion from respondent Osage Minerals Council filed. (Distributed)
Apr 23 2018Reply of petitioners Osage Wind, LLC, et al. filed.
Apr 24 2018DISTRIBUTED for Conference of 5/10/2018.
May 14 2018The Solicitor General is invited to file a brief in this case expressing the views of the United States.
Term Snapshot