Energy Expert Robert Bryce: “It is a colossal black eye for the wind industry, which has collected tens of billions of dollars in federal tax credits by claiming its landscape-blighting, bird-and-bat-killing, property-value-destroying turbines are an essential part of the effort to avert catastrophic climate change.”
Early in 2024, I reported that a federal judge ordered an Italian energy firm had to remove an 84-turbine wind farm in Osage County. This was a big win for the Native American tribe, but there was still some legal details to be worked out with the company, Enel Energy.
The initial ruling from the federal judge in Tulsa did not establish a timeline for the removal or the turbines. Nor did the judge establish the amount of of damages due to the tribe.
Now the firm has been given both a deadline from wind turbine removal and the cost of damages, both of which are likely to knock the wind out of its 2025 fiscal goals.
December 1, 2025. That is the deadline Judge Jennifer Choe-Groves of the U.S. Court of International Trade gave to Enel and its subsidiaries to remove 84 wind turbines west of Pawhuska and return the land to its pre-windfarm state.
She also awarded about $4 million in monetary damages for both conversion, trespass and attorney fees.
“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,” said the Osage Minerals Council in a statement. “We will always fight to defend our Mineral Estate that our ancestors reserved for our benefit and the benefit of generations to come.
“We are open for business and we look forward to working with anyone who negotiates with us in good faith.”
Enel’s first mistake was ignoring how unhappy the Osage were about plans for the wind farm to begin with. Hot Air’s Beege Welborn noted the utter arrogance of the Green Energy Barons in her report on the initial ruling.
What tripped the wind company up was arrogance. How many times have we seen that before?
The Osage Nation might not have owned all the property, but they did hold title to all the mineral rights under the windfarm and the area required for maintenance roads, etc., ever since buying the land from the Cherokees in the late 1800’s.
As far back as 2011, at the very beginning of the project, the superintendent of the Bureau of Indian Affairs wrote a letter to the company warning them not to violate the tribe’s mineral rights when construction started or during any part of the build-out.
Ignoring that warning, others which came later, and disregarding repeated subsequent orders to acquire a mining lease and stop the mineral violations were to prove Enel’s undoing. And it is going to cost them big time.
In 2010, Enel leased 8,400 acres of surface rights in Osage County to construct a wind farm, which included 84 wind turbines. The installation required deep excavation, using explosives to create craters over 10 feet deep and 60 feet wide.
During construction, significant amounts of Osage minerals were removed, processed, and repurposed without authorization, leading to allegations of unauthorized mining.
And, as predicted, it is going to cost Enel Energy. The estimated cost for removing the turbines is approximately $300 million, which is a huge hit for the company. Besides the dismantling of the turbines, additional details demonstrate that the judge was not moved by the energy firm’s arguments.
The judge found the defendants liable for conversion, trespass, and continuing trespass on the Osage Mineral Estate.
The court awarded $242,652.28 for conversion and $66,780 for trespass.
The defendants must pay over $36 million in attorney’s fees to the plaintiffs, including the U.S. Department of Justice and the Osage Minerals Council.
Energy expert Robert Bryce notes that this is a historic victory against green energy barons.
For years, Big Wind has played hardball with rural communities. In some cases, Big Wind has sued rural governments to try to force them to accept wind projects they don’t want.
…Across the US, only a handful of turbines have ever been taken down due to local opposition. In 2022, two turbines in Falmouth, Massachusetts, were dismantled after numerous complaints from local homeowners about the noise from the turbines and a years-long legal battle.
But an order to remove 84 wind turbines— by a federal judge, no less— is nothing short of gobsmacking. It is a colossal black eye for the wind industry, which has collected tens of billions of dollars in federal tax credits by claiming its landscape-blighting, bird-and-bat-killing, property-value-destroying turbines are an essential part of the effort to avert catastrophic climate change.
It is also a massive, massive win for Native American tribes and their legal rights.
I suspect that this will be the first of many such victories against green energy barons, who have lorded over this nation using “climate crisis” pseudoscience and political connections. The climate in Washington, DC, has gotten chillier for this nonsense.
Which brings up the question of what to do about restoring land used by other wind farms when the turbines reach the end of their economic life. My impression is that many of the wind energy developments do not have clauses stating who is responsible for cleaning up after the wind turbines are dismantled. Removing the base of a 5 MW turbine will be a challenge.
Removing those concrete foundations in the hot Oklahoma sun is going to be lots of fun.
willhaas
December 26, 2024 6:39 pm
Despite the hype, there is no climate crisis. There is no real evidence that CO2 has any effect on our global climate system. The AGW hypotnesis has been falsified by science. The climate change we are experiencing is caused by the sun and the ocesns as it has for eons. Mankind does not even knows what the optimum global climate actually is let slone how to achieive it.Spending money to fight climate change is just a big waste of funds. It is good to see that the court is honouring native American property rights.
No, Enel is paying. Will cost them at least 300 million. Perhaps if you’d read the article, where all this is spelled out you might have not had to make this comment.
Enel may pay to remove them. Or Enel may just pay (or give up) what the Osage want them to pay (or give up). Now that this court has determined that Enel is screwed, the options are for Enel to try again (are appeals exhausted?), or negotiate with zero leverage.
After being an asshole, it is very humiliating to negotiate a cash deal with zero leverage. It would be very entertaining/fun for the lawyers on the Indian side (unlimited billable).
Co-produced and directed by Martin Scorsese, who co-wrote the screenplay with Eric Roth. Based on the 2017 book of the same name by David Grann. Staring Leonardo DiCaprio, Robert De Niro, and Lily Gladstone.
Rod Evans
December 27, 2024 12:08 am
It will be interesting to see if the deadline to deconstruct and return the land to its prior condition is met.
If the timeline is not met, will the judge impose fines for contempt of court? Or will the usual lawfare rules kick in and ensure delay and stall practices drag the ruling out for years to come.
Keep in mind the date of 01/20/25. That is the date when the losers get booted and justice will once again see the light of day. A Trump admin will not allow the losers to slide. MAGA.
abolition man
December 27, 2024 12:51 am
Millions of eagles and hawks, bats, and other smaller birds are celebrating extra hard this New Year!
Begs the question, did any of these wind and solar farms ever undergo any form of environmental review: EIS, fines fir destroying wildlife or a requirement to reclaim and restore the land when this energy farce becomes obsolete or when rational minds realize what a canard this entire “renewable/green energy rubbish was all along a fantastical fantasy? Organizations like the Audubon Society, World Wildlife Fund and others duplicity and silence are glaring.
Someone at Enel must have had some very large huevos to remove, process and repurpose the diggings from the foundations, especially after being warned by BLM.
“Repurposed” as fill somewhere else, very normal construction activity. I think calling this “mining” is a pretty weak excuse for a court case. Someone must have “officially approved” this project, and they will be taken to court and have to pay the wind farm company’s damages, which will be the taxpayer. Those against wind farms need to have them cancelled before they get started.
They leased the surface rights of the land, some from third parties, but the Osage still owned the mineral rights to all the properties. Had they merely put the wind turbines on the property, there would be no lawsuit. BUT against everyone’s warnings, significant amounts of Osage minerals were engineered and used as backfill for, and positioned around, the wind turbine foundations.
There was no cause to sue to cancel the project until they committed the trespass. They used explosive to create the hole, then engineered (crushed) the rubble, that’s mining.They took minerals belonging to the Osage and used them for their own purposes. That’s conversion.
At a guess since they were blasting it was mostly rock which was then crushed and used to gravel the roads in and out of the wind farm. Wouldn’t surprise if they also dug their own rock pit on the land so they could cut down on hauling costs.
My uncle had a saying, all gravel roads lead to a rock quarry. If it was a good quarry the road continues on.
They need to make sure that they remove all of it, from the foundation up. And make sure they take it with them you can’t bury it there.
I’d pick up any copper they want to get rid of.
The issue might be enforcement but very well done good result lets hope it is one of many
Which brings up the question of what to do about restoring land used by other wind farms when the turbines reach the end of their economic life. My impression is that many of the wind energy developments do not have clauses stating who is responsible for cleaning up after the wind turbines are dismantled. Removing the base of a 5 MW turbine will be a challenge.
Don’t wind turbines reach the end of their economic life the moment they leave the factory? 😉
Not until the subsidy checks clear!
And restore the land to its pristine state. Fill in the holes. Plant grass or trees or whatever was removed during construction.
Removing those concrete foundations in the hot Oklahoma sun is going to be lots of fun.
Despite the hype, there is no climate crisis. There is no real evidence that CO2 has any effect on our global climate system. The AGW hypotnesis has been falsified by science. The climate change we are experiencing is caused by the sun and the ocesns as it has for eons. Mankind does not even knows what the optimum global climate actually is let slone how to achieive it.Spending money to fight climate change is just a big waste of funds. It is good to see that the court is honouring native American property rights.
Yeah, but the 97%!! (sorry, 99% … and Greene)
.
You can call them Indians. That’s what they call themselves. That’s what their signs say on their reservations.
They have sued to have that term, Indian, not silenced. They do not like the cancel culture that goes along with it and Red Skin.
Costs just as much to remove them as install them. Taxpayer again?
No, Enel is paying. Will cost them at least 300 million. Perhaps if you’d read the article, where all this is spelled out you might have not had to make this comment.
Will they walk away run back to Europe that cost is about 10% of there world net profits
Unnecessarily snarky reply.
Par for the course for Charlie.
“No, Enel is [meant to be] paying.”
text added for clarity. !
Enel may pay to remove them. Or Enel may just pay (or give up) what the Osage want them to pay (or give up). Now that this court has determined that Enel is screwed, the options are for Enel to try again (are appeals exhausted?), or negotiate with zero leverage.
After being an asshole, it is very humiliating to negotiate a cash deal with zero leverage. It would be very entertaining/fun for the lawyers on the Indian side (unlimited billable).
Imagine a park with 84 solidly fixed pieces of playground equipment, slides, monkey bars, swing sets, etc.
We’ll see who pays for removal, if any, and how much is removed.
That will be interesting. What will they do with those big, concrete slabs?
I guess the didn’t see them movie.
https://en.wikipedia.org/wiki/Killers_of_the_Flower_Moon_(film)
In case you missed it.
Co-produced and directed by Martin Scorsese, who co-wrote the screenplay with Eric Roth. Based on the 2017 book of the same name by David Grann. Staring Leonardo DiCaprio, Robert De Niro, and Lily Gladstone.
It will be interesting to see if the deadline to deconstruct and return the land to its prior condition is met.
If the timeline is not met, will the judge impose fines for contempt of court? Or will the usual lawfare rules kick in and ensure delay and stall practices drag the ruling out for years to come.
All the while further bleeding the tribal funds and government (aka tax payers).
Keep in mind the date of 01/20/25. That is the date when the losers get booted and justice will once again see the light of day. A Trump admin will not allow the losers to slide. MAGA.
Millions of eagles and hawks, bats, and other smaller birds are celebrating extra hard this New Year!
They should wait until the restoration is complete or at least underway.
It ain’t over ’til it’s over.
Good to see the Indians beating the cowboys for a change !!
The atmosphere has changed. You are taking a big chance taking Indian Tribes to Court.
The Tribes are going to get the sympathy. Although this case looks like a rock-solid violation of the Tribe’s rights, so no sympathy needed here.
Ah. Another spaghetti western.
Begs the question, did any of these wind and solar farms ever undergo any form of environmental review: EIS, fines fir destroying wildlife or a requirement to reclaim and restore the land when this energy farce becomes obsolete or when rational minds realize what a canard this entire “renewable/green energy rubbish was all along a fantastical fantasy? Organizations like the Audubon Society, World Wildlife Fund and others duplicity and silence are glaring.
I think you answered your own question there.
Someone at Enel must have had some very large huevos to remove, process and repurpose the diggings from the foundations, especially after being warned by BLM.
I thought that myself. I wonder how much money they made doing this?
“Repurposed” as fill somewhere else, very normal construction activity. I think calling this “mining” is a pretty weak excuse for a court case. Someone must have “officially approved” this project, and they will be taken to court and have to pay the wind farm company’s damages, which will be the taxpayer. Those against wind farms need to have them cancelled before they get started.
They leased the surface rights of the land, some from third parties, but the Osage still owned the mineral rights to all the properties. Had they merely put the wind turbines on the property, there would be no lawsuit. BUT against everyone’s warnings, significant amounts of Osage minerals were engineered and used as backfill for, and positioned around, the wind turbine foundations.
There was no cause to sue to cancel the project until they committed the trespass. They used explosive to create the hole, then engineered (crushed) the rubble, that’s mining.They took minerals belonging to the Osage and used them for their own purposes. That’s conversion.
At a guess since they were blasting it was mostly rock which was then crushed and used to gravel the roads in and out of the wind farm. Wouldn’t surprise if they also dug their own rock pit on the land so they could cut down on hauling costs.
My uncle had a saying, all gravel roads lead to a rock quarry. If it was a good quarry the road continues on.
Post says:”…huevos…”.
Cojones. Huevos are eggs.
With respect, I think you will find “huevos” another term for “cojones” due the similarity of shape.
Always something interesting to learn here on WUWT. My very rudimentary Spanish had me wondering how “Thursday” (jueves vs. huevos) was involved…
“an essential part of the effort to avert catastrophic climate change.”
The irony is this avoidance is at great cost to the environment.
Hope the order includes the immediate shut down of any power production–other wise they will keep at it until all appeals are finished.
Not the Osage, but pretty darn good, nonetheless.