Enel loses to Indian tribe, 260 million to remove wind turbines
Italian group loses court appeal: it will have to remove 84 wind turbines from the territory of the Osage Indian Nation in Oklahoma
2' min read
2' min read
Setback in the USA for Enel. The Italian electricity giant will have to remove 84 wind turbines from the territory of the Osage Indian Nation in Oklahoma at a cost of about USD 260 million. A federal district court in the US state ruled this after the Indian tribe had sued Enel in court for failing to seek permission from the local Indian authority to operate the wind farm.
Restitution to the Osage
According to the Financial Times, this is one of the first rulings in the United States to require the removal of an operating wind farm. A subsequent trial will determine the amount the company will pay in compensation to the Osage, the tribe featured in Martin Scorsese's film Killers of the Flower Moon. A spokesman for Enel told the British newspaper that the company 'disagrees' with the recent court decision and will appeal. The company will continue in 'good faith' to manage the wind project until a final ruling is reached and does not intend to impose its authority on the Osage nation.
Native location
.The problem of dialogue with the territory seems to emerge from the statements: 'Enel, it will cost you a fortune not to have asked us for a permit. That was all you had to do,' said the president of the Osage Minerals Council, Everett Waller. The Osage, he explained, are not opposed to clean energy development, but they do ask to be consulted by the companies.
The Voice of Enel
.For its part, the company says that 'Enel and Osage Wind respect the judicial proceedings concerning Osage Wind and, while not agreeing with the decision of the Federal District Court of Oklahoma issued on 20 December, will continue to act in good faith to manage the project in accordance with the law until the final outcome of the case is determined'. Osage Wind, Enel points out, "never intended to mine minerals owned by the Osage Nation or to challenge its sovereignty, and acted in the genuine belief that its actions were consistent with applicable legal requirements. Osage Wind operates for the benefit of the local community. Schools, farmers, ranchers and other landowners in Osage benefit from the plant's presence and the region benefits from clean, renewable energy for 50,000 homes. Shutting down the wind farm would have a negative impact on these benefits for the local community. Osage Wind will seek a review of the decision on appeal in due course, consistent with its legal rights."
