A U.S. judge has made a ruling requiring Enel to take down a wind farm located on the Osage Mineral Estate in Osage County, Oklahoma, and also to cover the damages caused. This decision wraps up more than ten years of legal disputes, with the court determining that Enel and its subsidiaries had committed trespass and engaged in unauthorized mining on tribal lands.
Wind Farm Details
The wind farm, which boasts a capacity of 150 megawatts, features 84 turbines along with the necessary infrastructure. It was set up without securing a valid lease agreement from the Osage Nation, thus breaching both federal and tribal regulations that govern the use of the mineral estate, as highlighted in the court's decision.
Deadline for Restoration
Judge Choe-Groves has mandated that the operators of the wind farm must restore the land to its former state by December 1, 2025, and also pay significant damages to the Osage Nation, as noted in a press release from the United States Attorney's Office. The estimated compensation for the damages amounts to approximately $300,000.
The origins of the case can be traced back to a protracted legal confrontation that started in 2014, when the United States filed a lawsuit on behalf of the Osage Nation against the developers of the wind farm. Enel had acquired surface rights for a wind project covering 8,400 acres but failed to get the necessary approvals to extract Osage minerals located beneath that land.
Additional Legal Costs
Along with the order for removal, the defendants are also required to reimburse the Osage Nation and the United States for legal fees and expenses that arose during the long-winded legal proceedings.
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