Timeline: Federal Judge Rules Against Wind Farm Developers in Osage Nation Case

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.

U.S. Attorney Emphasizes Tribal Sovereignty

“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's Historic Connection to the Mineral Estate

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.

Construction of the Osage Wind Farm and Legal Dispute

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.

Related Stories:

1. Enel Energy Plans Appeal 'Osage Wind Case' After Judge Orders Wind Farm Removal
2. Federal Judge Orders Removal Of Wind Farm In Osage County
3. Supreme Court Won't Hear Osage Wind Project Lawsuit Appeal

What Legal Claims and Court Findings

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 vs. Osage Nation Timeline:

2010: Lease and Construction Begin

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.

November 2014: Legal Action Initiated

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.

2019: Supreme Court Declines Appeal

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.

December 2023: Liability Determination

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.

January 2024: Federal Judge Orders Wind Farm Removal

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】.

January 2024: Enel Plans to Appeal

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.

December 2024: Judge Orders Enel To Remove Wind Farms, Affirming Previous Ruling

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.