Developer of the 50-MW onshore wind farm operating in Oklahoma since 2015 is in a dispute with the Osage tribe over mineral rights under the land where its 84 turbines are located.
Photo by F. Carter Smith/Polaris/Newscom
A federal judge put a temporary hold on her previous ruling that ordered clean energy developer Enel Green Power North America to remove 84 operating wind turbines in Osage County, Okla., by Dec. 1, in a long-running dispute related to mineral rights on tribal land.
U.S. District Court Judge Jennifer Choe-Groves granted the request by the Italy-based firm’s U.S. unit to stay her 2024 decision while the company appeals the case, although it was ordered to post a $10-million bond. The case stems from Enel’s failure to secure underground mineral rights from the Osage Nation, despite proper leasing of surface land rights rights more than a decade ago.
An Enel spokesman declined to comment on the ruling, and a tribal spokesperson did not respond to an ENR query.
The dispute centers on Enel’s construction of the wind farm’s underground turbine bases, which required excavation into tribal land. In a December 2024 damages ruling, Choe-Groves found the company liable for conversion, trespass, and continuing trespass, ordering the complete removal of the turbines and related infrastructure.
The Osage Nation has maintained that the wind farm’s continued presence violates its sovereignty even though tribal members are among those whose power it generates.
Enel has argued that removal would cost as much as $259 million, which would result in severe financial harm to the company.
While granting the stay with no stated expiration, the March 3 ruling says the performance bond is ordered to ensure compliance if Enel’s current appeal to the U.S. Appellate Court in Denver fails.
As Nevada correspondent for Engineering News-Record, Doug Puppel covers the state he has called home since 1988. Doug has written about construction and development in Las Vegas and around North America for more than 15 years. He is a past managing editor of Carpenter magazine and a business editor at the Las Vegas Review-Journal. You can reach him on Twitter @DougPuppel.
