Oklahoma Supreme Court Affirms GableGotwals’ Win in Public Utility Matter Involving Cherokee Nation

October 31, 2025 | The Oklahoma Supreme Court recently affirmed a favorable decision obtained by GableGotwals on behalf of the Cherokee Nation and Cherokee Nation Businesses before the Oklahoma Corporation Commission (OCC) in a significant public utility case. Public utility OG&E and the Firm's clients entered into long-term special contracts by which OG&E would provide large-load electric service to the new Cherokee Nation Hospital and the new Cherokee Nation Businesses' casino in Tahlequah, Oklahoma. The clients' properties are located within the exclusive service area of a rural co-op, Lake Region Electric Cooperative, Inc. Desiring to serve the Firm's clients at higher rates than OG&E, the co-op sued for injunctive relief against OG&E. The utility asserted the statutory large-load exception in defense of its contracts. GableGotwals, on behalf of the Cherokee Nation and Cherokee Nation Businesses, intervened and objected on equitable grounds of laches, waiver, estoppel, and unclean hands as to the co-op's claim for injunctive relief.

The OCC had previously found the large-load exception unavailable to OG&E in similar circumstances. Applying the laches defense raised by the Firm's clients, the OCC Administrative Law Judge (ALJ) denied the co-op's requested injunction. The co-op then appealed to the OCC en banc. After oral argument, the OCC ruled in favor of the Cherokee Nation and Cherokee Nation Businesses on all of their equitable defenses and denied the injunction.

Following the OCC's ruling, the co-op appealed to the Oklahoma Supreme Court. In a published opinion, the Court affirmed the OCC's final order in favor of the Cherokee Nation and Cherokee Nation Businesses, saving the clients tens of millions of dollars in increased electricity charges.

GableGotwals Shareholder and Co-chair of the Firm's Native American Practice Group, Dean Luthey, tried the case before the OCC ALJ, argued the appeal before the OCC en banc, and wrote the appellate brief in the Supreme Court. Dean is a 45-year litigator who has been recognized repeatedly by his peers and clients for his litigation experience, including in commercial and Native American law.

About GableGotwals' Native American and Gaming Practice

Native American law is a unique practice area involving the sovereign status of Indian tribes. GableGotwals' attorneys recognize these unique issues and offer a broad range of experience. Our attorneys provide expertise in legal disputes, including commercial law, business and transactional ventures, gaming issues, governmental relations, environmental areas, administrative practice, environmental concerns, land and water rights, and litigation matters. GableGotwals' attorneys have successfully represented Native American tribes, their leaders, vendors, and commercial organizations in federal, state, and tribal courts as well as before administrative agencies, and have successfully argued on behalf of Indian rights before the United States Supreme Court. GableGotwals' Native American Practice Group is ranked Band 1 in Oklahoma by Chambers and Partners. Click here to read more.

About GableGotwals

GableGotwals® is a full-service law firm with more than 100 attorneys and 70 other business professionals in Oklahoma and Texas. We represent a diversified client base across the nation, and our connections and reach are global. Fortune 500 corporations, privately owned companies, entrepreneurs, foundations, and individuals entrust us every day with the stewardship and strategic management of their legal challenges.