Tenth Circuit Denies En Banc Petition in Enable Oklahoma Intrastate Transmission LLC v. A 25 Foot Wide Easement

Here are the materials:

En Banc petition

Unopposed Motion for Atty Fees

Order Denying En Banc Petition

Order Granting Atty Fees

Other posts here.

Tenth Circuit Affirms Enable Oklahoma Intrastate Transmission LLC v. A 25 Foot Wide Easement

Here is the opinion. An excerpt:

Plaintiff Enable Oklahoma Intrastate Transmission, LLC, appeals the district court’s dismissal of its case for lack of subject matter jurisdiction and for failure to join an indispensable party. Enable also challenges the amount of attorney fees the court awarded to the landowner defendants. Because our decision in Public Service Company of New Mexico v. Barboan, 857 F.3d 1101 (10th Cir. 2017), is dispositive of the subject matter jurisdiction issue, we affirm the district court’s order dismissing the action. We likewise affirm the attorney fees award as consistent with Oklahoma law.

Briefs and lower court materials here.

Tenth Circuit Briefs in Eminent Domain Dispute involving Kiowa Tribe

Here are the briefs in Enable Oklahoma Intrastate Transmission LLC v. A 25 Foot Wide Easement:

enable brief

landowners brief

United States brief

reply

Lower court materials here and here.