U.S. Attorney Clinton J. Johnson | U.S. Department of Justice
U.S. District Judge Jennifer Choe-Groves has concluded a decade-long legal battle involving the Osage Wind Farm, operated by Enel, by ordering its removal from the Osage Mineral Estate. The judge also mandated that the site be restored to its original condition by December 1, 2025.
“This case demonstrates our commitment to preserving and defending tribal sovereignty,” said U.S. Attorney Clint Johnson. He emphasized that “injury to the Osage sovereignty cannot be condoned or suffered," noting that the defendants acted with "willful and wrongful intent" by ignoring cease-and-desist orders.
The Osage Nation, recognized as a federally established tribe since 1872, had its mineral rights protected under the 1906 Osage Act. This legislation placed the Osage Mineral Estate in trust for the benefit of the tribe and allowed for regulated leasing of its resources.
As trustee of these rights, the United States is tasked with protecting them and maximizing their economic benefits. The Osage Minerals Council (OMC), an independent agency within the tribe, manages leases for resource extraction.
Enel began operations in 2010 after leasing approximately 8,400 acres in Oklahoma's Osage County for wind farm construction. The project involved significant excavation work using explosives which disturbed local minerals without proper authorization.
In response to these actions, litigation commenced in November 2014 seeking declaratory judgment against unauthorized mining activities conducted by Enel entities including Osage Wind LLC and Enel Green Power North America Inc.
Judge Choe-Groves found Enel liable on multiple claims including conversion and trespass in December 2023. Following an eight-day non-jury trial held last May concerning monetary damages incurred during prosecution efforts led primarily by Assistant U.S Attorneys Cathryn D McClanahan alongside Nolan M Fields IV plus additional support from Charles R Babst Jr & Stuart P Ashworth representing Interior Department interests—the United States alongside OMC were awarded substantial attorney fees along other costs associated due diligence required throughout this protracted case history
