On December 18, 2024, the Osage Minerals Council achieved a historic victory against Osage Wind, LLC; Enel Kansas, LLC; and Enel Green Power North America, Inc. (collectively “Enel”) for unlawfully trespassing on the Osage Mineral Estate. The Federal Court for the Northern District of Oklahoma issued a final decision, finding Enel in trespass and ordering the removal of its wind farm. The Court also ruled that Enel must pay damages for unauthorized mineral use, trespass, and reimburse the Council’s attorney fees.
The Osage Minerals Council hailed the ruling as a landmark decision protecting Indian trust resources from unauthorized use and exploitation by outside entities. The decision concludes over a decade of legal efforts to safeguard the Mineral Estate. It reinforces that any developer seeking to operate within the Mineral Estate must engage in a cooperative partnership with the Council, ensuring benefits for headright holders, the Osage Nation, and the Osage Reservation as a whole.
This latest decision reaffirms the Court’s December 20, 2023, order declaring Enel in trespass. Over the past year, the Court conducted hearings on damages and finalized its order for the wind farm’s removal. The Court has mandated that the wind farm, including its 84 turbines and associated infrastructure, be fully removed by December 1, 2025. According to Enel’s own estimates, the removal will cost approximately $259 million.
Osage Minerals Council stated that: “We are thankful that the Court stood up for Indian rights. Our lands and resources have been taken and used by others for more than 150 years. 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 continued, “We are open for business and we look forward to working with anyone who negotiates with us in good faith.”
The Court’s recent decision builds on a significant legal victory the Osage Minerals Council first achieved against Enel in the Tenth Circuit Court of Appeals. In 2017, the Tenth Circuit ruled that Enel was required to obtain a lease for its use of the Osage Mineral Estate. However, even after the U.S. Supreme Court declined Enel’s request for review in 2019, Enel refused to secure a lease from the Council. As a result, the case was sent back to the District Court to address issues of trespass and damages.
The Osage Minerals Council expressed gratitude for the steadfast support of its federal trustee, the Bureau of Indian Affairs, as well as the U.S. Department of Justice attorneys who worked diligently to protect Indian trust resources. The Council is represented by the law firm Patterson, Earnhart, Real Bird & Wilson LLP.
