Federal Judge Orders Removal Of Wind Farm In Osage County

A federal judge has ordered Enell Energy to remove an 84-turbine wind farm in Osage County, with a final ruling that ends more than a decade of litigation over illegal mining on the Osage Reservation. Court documents estimate the cost of removing the turbines at $300 million.

A federal judge in Tulsa ordered the removal without a timeline and set a trial for damages due to the tribe. Everett Waller, who heads the Osage Minerals Council, said the tribe would expect at leave value of damage to the land, all lawyer fees, profits and tax incentives Enel received as a result of the installation.

Enell did not respond to a request for comment and has not disclosed their plans for removing the turbines.

Waller said last week the tribe had no interest in accepting anything short of complete removal and restoration of the land. The Osage Minerals Council notified the company before significant construction that any sub-surface required a permit. The company, even after repeated warnings over years, never sought approval.

Enell leases the surface from private landowners, who stand to lose significant income when the turbines are removed. The wind farm also generates significant tax income for Osage County.

Court documents stated that each tower required excavation of a hole about 10 feet deep and 50 feet across, and the order states “there is no genuine dispute of material fact that the construction of the wind towers involved entering the mineral estate, extracting minerals, and using the extracted minerals without first obtaining the necessary lease."

The wind farm is in Western Osage County, near Burbank, covering thousands of acres.

The Osage Minerals Council has not indicated a willingness to accept anything short of removing the wind farm so far because of the precedent it would set for anyone exploiting Osage minerals without involving the Osage Nation.

"We fully support our Minerals Council and celebrate this great victory," Osage Nation Principal Chief Geoffrey Standing Bear said.

The date for the trial to set damages has not been set.