Three interrelated companies — Enel Kansas, Enel Green Power North America and Osage Wind — leased land in 2010 to build 84 wind turbines. The lease covered 84,000 acres of surface land in Osage County, not the earth and minerals underneath.
But the companies blasted explosives to dig huge holes at the base of each turbine and used some of the excavated rocks as backfill.
In 2013, the Osage Minerals Council sued alongside the U.S. Attorney’s Office. The Osage Mineral Estate has been in trust with the U.S. Department of Interior since 1906, separate from Osage Nation surface land.
In their suit, the Osage Minerals Council and U.S. Attorney claimed the excavation counted as mining, which requires a permit from the Osage Nation the wind farm never applied for.
In late 2023, a federal judge ruled the companies must pay the Osage Nation damages and scheduled further hearings to determine how much those damages are worth.
In July, attorneys presented dueling estimates before the judge. The wind farm’s lawyers argued they only owed around $69,000. But the U.S. Attorney’s Office said damages were around $38 million.
On Dec. 18, the judge ordered Enel to pay nearly $68,000 for trespass and $243,000 for misuse of Osage resources. Enel also owes nearly $2 million each to the U.S. Attorney’s Office and the Osage Mineral Council to cover legal fees and costs for the decade-long case.
In addition, Enel must remove the wind farm and return the land to how it was “pre-tresspass” by the end of 2025. Enel estimates removal will cost nearly $260 million.
“This case demonstrates our commitment to preserving and defending tribal sovereignty,” U.S. Attorney Clint Johnson said in a statement. “Injury to the Osage sovereignty cannot be condoned or suffered. The Defendants disregarded cease-and-desist instructions with willful and wrongful intent.”
The Osage Minerals Council released a statement celebrating its victory and condemning Enel’s refusal to pursue a mineral lease.
“We will always fight to defend our Mineral Estate that our ancestors reserved for our benefit and the benefit of generations to come,” the Council’s statement said. “We are open for business and we look forward to working with anyone who negotiates with us in good faith.”
Osage Minerals Council Chairman Myron Red Eagle declined to comment for this story. A spokesperson for Enel said a statement is forthcoming.
Katie Hallum and Sarah Liese contributed to this report.
This report was produced by the Oklahoma Public Media Exchange, a collaboration of public media organizations. Help support collaborative journalism by donating at the link at the top of this webpage.
