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Osage Wind, LLC v. Osage Mineral Council

Certiorari Denied

Petition for certiorari denied on January 7, 2019.

Docket No.17-1237
Op. Below10th Cir.

Issue

(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. CVSG: 12/04/2018.

Proceedings & orders timeline

Dec 27, 2017
Application (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, 2017
Application (17A690) granted by Justice Sotomayor extending the time to file until March 2, 2018.
Mar 2, 2018
Petition for a writ of certiorari filed. (Response due April 5, 2018)
Apr 5, 2018
Motion for leave to file amici brief filed by Osage County Farm Bureau, Inc., et al.
Apr 5, 2018
Motion for leave to file amicus brief filed by American Wind Energy Association.
Apr 5, 2018
Brief of respondent Osage Minerals Council in opposition filed.
Apr 19, 2018
Response to motion from respondent Osage Minerals Council filed. (Distributed)
Apr 23, 2018
Reply of petitioners Osage Wind, LLC, et al. filed.
Apr 24, 2018
DISTRIBUTED for Conference of 5/10/2018.
May 14, 2018
The Solicitor General is invited to file a brief in this case expressing the views of the United States.
Dec 4, 2018
Brief amicus curiae of United States of America filed.
Dec 18, 2018
Supplemental brief of petitioners Osage Wind, LLC, et al. filed.
Dec 19, 2018
DISTRIBUTED for Conference of 1/4/2019.
Jan 7, 2019
Motion for leave to file amicus brief filed by American Wind Energy Association GRANTED.
Jan 7, 2019
Motion for leave to file amici brief filed by Osage County Farm Bureau, Inc., et al. GRANTED.
Jan 7, 2019
Petition DENIED.

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