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Osage County

Posted: Sep 21, 2018 10:08 AMUpdated: Sep 21, 2018 10:08 AM

Persimmon Ridge Lawsuit Dismissed Thursday

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Garrett Giles

A Tulsa federal judge refuses to dismiss part of a lawsuit filed against the U.S. Bureau of Indian Affairs by an Osage county resort and hotel developer in a fight over alleged violations of the issuance of drilling permits.

U.S. District Judge Terence C. Kern, in a decision this week ruled against the BIA’s efforts to see the lawsuit filed by Persimmon Ridge LLC dismissed. He also ruled against Persimmon Ridge’s efforts to amend the lawsuit.

At one time, the principal owner of Persimmon Ridge LLC was Tulsa attorney and former Republican gubernatorial candidate Gentner Drummond. It is unclear if he is still a principal owner but he was as late as 2015. Others involved, according to a 2003 Tulsa World news article were businessman Tom Atherton and Osage County rancher Don Quarles.

The judge granted the BIA’s motion to dismiss the lawsuit based on a failure to state a claim. The lawsuit was one of four lawsuits filed by Osage County landowners who contend the Bureau of Indian Affairs violated the National Environmental Policy Act.

Persimmon Ridge filed suit Jan. 17, 2017 challenging the Osage Agency’s compliance with NEPA in its approval of two leases and 10 drilling permits affecting the firm’s property.

All mineral rights in Osage County are managed and controlled by the Osage Tribe under the Osage Allotment Act of 1906 but Persimmon Ridge contends the Osage Agency has a long history of non-compliance with NEPA. It pointed to a 2013 investigation by the Office of Inspector General for the Department of the Interior which revealed the Agency had not conducted environmental analysis before approving drilling permits.

Persimmon Ridge also contended the Osage Agency’s “concealment was part of an overall scheme to lull the public, including Persimmon, into inaction and avoid legal action.”

Persimmon Ridge, LLC also operates under the name Post Oak Lodge and is headquartered in Tulsa.


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