Thursday, December 19th 2024, 1:53 pm
A federal judge ruled against wind farm developers in a case involving the Osage Nation, mandating the removal of the wind farm from the Mineral Estate and restoration of the land by December 2025.
The decision came after the most recent appeal by Enel Energy in early 2024. (See a Timeline of Events below)
A Decade of Legal Battles Ends with Landmark Decision
U.S. District Judge Jennifer Choe-Groves ended 10 years of litigation involving the Osage Nation's Mineral Estate on Thursday. The judge ordered the Defendants, Osage Wind, LLC, Enel Kansas, LLC, and Enel Green Power North America, Inc., to remove the wind farm from the Osage Mineral Estate and restore the land to its pre-trespass condition by December 1, 2025.
“This case demonstrates our commitment to preserving and defending tribal sovereignty,” said U.S. Attorney Clint Johnson.
He criticized the Defendants for disregarding cease-and-desist orders.
"As Judge Choe-Groves emphasized, injury to the Osage sovereignty cannot be condoned or suffered. The Defendants disregarded cease-and-desist instructions with willful and wrongful intent.”
The Osage Nation, federally recognized as a sovereign tribe, has held rights to its mineral estate since Congress passed the Osage Act in 1906. This act severed surface rights from mineral rights in Osage County, entrusting the mineral estate to the Osage Nation.
The U.S. government serves as a trustee, tasked with protecting the estate and maximizing its economic benefit.
In 2010, Enel leased 8,400 acres of surface rights in Osage County to construct a wind farm, which included 84 wind turbines. The installation required deep excavation, using explosives to create craters over 10 feet deep and 60 feet wide.
During construction, significant amounts of Osage minerals were removed, processed, and repurposed without authorization, leading to allegations of unauthorized mining.
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The U.S. government initiated litigation in 2014, seeking declaratory judgments, monetary damages, and an injunction against Enel. The lawsuit involved five claims: two declaratory judgment claims, conversion, trespass, and continuing trespass.
In December 2023, Judge Choe-Groves found the Defendants liable on all counts.
Following a non-jury damages trial in May 2024, Judge Choe-Groves awarded monetary damages to the U.S. and the Osage Minerals Council, including a significant reimbursement for attorneys’ fees and costs incurred over the lengthy litigation.
Enel Energy leased 8,400 acres in Osage County, Oklahoma, to build the Osage Wind Farm, consisting of 84 wind turbines. During construction, significant excavation involved explosives, disturbing Osage minerals without authorization. This triggered allegations of unauthorized mining and violations of Osage mineral rights.
The U.S. government filed a lawsuit against Enel Energy and its subsidiaries, accusing them of unauthorized mining and trespassing on the Osage Nation's mineral estate. The Osage Nation contended the project violated their rights and disrupted sacred grounds. Enel defended the project, claiming it complied with regulations and benefited the local economy environmentally and financially.
The U.S. Supreme Court refused to hear Enel's appeal, leaving lower court decisions in favor of the Osage Nation intact. This marked a significant victory for the tribe, solidifying their claim that the wind farm infringed upon their mineral estate.
U.S. District Judge Jennifer Choe-Groves ruled that Enel was liable for conversion, trespass, and continuing trespass, finding that Enel extracted and repurposed Osage minerals without proper authorization. This judgment set the stage for further damages assessments.
Judge Choe-Groves ordered Enel to dismantle the wind farm and restore the land to its pre-construction state by December 1, 2025. This decision marked a major step in enforcing tribal sovereignty and mineral rights protection【203】【204】.
Enel announced plans to appeal the removal order, maintaining their stance that the wind farm provided substantial environmental and economic benefits. The case highlighted tensions between renewable energy projects and Indigenous rights.
U.S. District Judge Jennifer Choe-Groves ordered the Defendants, Osage Wind, LLC, Enel Kansas, LLC, and Enel Green Power North America, Inc., to remove the wind farm from the Osage Mineral Estate and restore the land to its pre-trespass condition by December 1, 2025.
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