Enel Energy Plans Appeal 'Osage Wind Case' After Judge Orders Wind Farm Removal

A spokesperson for Enel Energy said Tuesday the company would appeal an order to shut down and remove a wind farm in Osage County.

The decision, by a Federal Court in Tulsa, came after more than a decade of legal arguments over the construction of Osage Wind, an 84-turbine wind generation plant near Burbank.

Related Story 1/05/2024: Federal Judge Orders Removal Of Wind Farm In Osage County

The turbines stand on private land but were built by mining and using rock on-site, without a minerals permit required by the Osage Nation.

“Enel and its Osage Wind project respect the judicial process regarding Osage Wind, and while it disagrees with the decision of the Federal District Court of Oklahoma issued on December 20, it will continue to act in good faith to operate the project in accordance with the law until the outcome of this matter is finally determined,” said the spokesperson via email. “Osage Wind will seek appellate review of the decision in due time, consistent with its legal rights.” The statement continued “Osage Wind never intended to mine minerals owned by the Osage Nation nor impose on their sovereignty and acted in the genuine belief that its actions were consistent with applicable legal requirements.”

The judge in the case found the illegal mining constituted a trespass on Osage property that could only be remedied by the removal of the turbines. A separate trial to determine damages could start this fall.

Chief Geoffrey Standing Bear has said he favors removal and wants damages significant enough to discourage other operators from ignoring the tribe when doing business on the Osage Reservation.

Enel Energy operates Osage Wind, and in announcing plans to appeal the ruling, argued that removing it would cause more harm. The spokesperson said:

“It provides hundreds of thousands of dollars in revenue for Osage area schools every year. Furthermore, farmers, ranchers, and other Osage Wind landowners benefit from the rents accrued by leasing their private property as part of the project, and the region benefits from clean, renewable power for 50,000 homes.”

Everett Waller, who heads the Osage Minerals Council, has said he would not support any solution that doesn’t involve removing the turbines, and Chief Standing Bear said he fully supports Waller and the Minerals Council, which led the litigation that led to the ruling in favor of the tribe.

Related Story 1/08/2019: Supreme Court Won't Hear Osage Wind Project Lawsuit Appeal