Judge grants stay on wind farm dismantling in Osage Nation case

A federal court has granted Osage Wind, LLC, and its parent companies a stay in dismantling a wind farm on Osage Nation land while they appeal a ruling that found them liable for trespassing.

The United States District Court required the companies to post a $10 million bond to cover damages, and legal fees, and ensure compliance with the final outcome. While acknowledging harm to the Osage Nation, the judge ruled that the wind farm should remain intact until the appeal is resolved.

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

A Decade of Legal Battles Ends with Landmark Decision

The most recent development in this case was believed to have ended 10 years of litigation. In December of 2024, 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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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

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.