U.S. District Judge Jennifer Choe-Groves has concluded a decade-long legal battle involving the Osage Wind Farm, operated by Enel, with an order for the wind farm's removal from the Osage Mineral Estate by December 1, 2025. The ruling also includes monetary damages for conversion and trespass.
"This case demonstrates our commitment to preserving and defending tribal sovereignty," stated U.S. Attorney Clint Johnson. He further noted that "injury to the Osage sovereignty cannot be condoned or suffered" and accused the defendants of ignoring cease-and-desist instructions with deliberate intent.
The dispute centers around land rights in Osage County, Oklahoma. The Osage Nation is a federally recognized tribe whose reservation was established in 1872. In 1906, Congress enacted the Osage Act, separating surface rights from mineral rights in the county. The mineral estate is held in trust for the benefit of the Osage Nation, allowing them to issue leases for resource extraction under specific regulations.
As trustee of the Osage Mineral Estate (OME), the United States is responsible for its administration and protection, including litigation to safeguard its resources and maximize economic benefits for beneficiaries.
The independent Osage Minerals Council (OMC) within the Osage Nation oversees lease negotiations for mineral development on OME lands.
Enel began leasing approximately 8,400 acres of surface rights in 2010 to build a wind farm comprising 84 turbines. Excavation work involved using explosives to create large craters for turbine foundations, affecting significant amounts of minerals used as backfill.
In November 2014, litigation commenced when the United States sought legal action against Enel entities—Osage Wind, LLC; Enel Kansas, LLC; and Enel Green Power North America—for unauthorized mining and excavation into OME without proper leasing agreements. Claims included declaratory judgment requests alongside allegations of conversion and trespass.
By December 2023, Judge Choe-Groves found Enel liable on all claims. An eight-day non-jury trial in May 2024 determined substantial monetary damages covering attorneys' fees due to prolonged prosecution efforts.
The case was prosecuted by Assistant U.S. Attorneys Cathryn D. McClanahan and Nolan M. Fields IV along with Charles R. Babst Jr., Stuart P. Ashworth from the U.S. Department of Interior's Office of Field Solicitor.