Enel faces $259m bill to tear down wind farm after US court ruling
Developer says it will seek stay pending review after US judge's order over 150MW project
Enel said it would fight on after being ordered by a US judge to tear down an 84-turbine, 150MW wind farm within a year at a cost of around $259m.
The Italian group’s Enel Green Power North America unit said it will seek a judicial stay to a ruling by federal judge Jennifer Choe-Groves requiring the Osage Wind project to be removed from land in Oklahoma by 1 December next year.
The ruling came after a 12-year legal battle between Enel and the Osage Nation over the latter’s claim for damages following what it said was Enel’s failure to acquire the correct permits before constructing the wind farm on tribal lands in 2013.
Enel was also hit with damages and legal costs after the ruling, said to be the longest in the history of the US wind industry, but the developer said the former were lower than sought by tribal representatives.
The spokesperson added: “Although we respect the decision of the Federal District Court regarding the future of the Osage Wind project, we strongly disagree with the Court’s ruling that the wind project must be removed by December 1, 2025, and will seek a stay pending appellate review.
“Osage Wind operates for the benefit of the local community, providing funds for Osage area schools every year. Furthermore, farmers, ranchers and other Osage landowners benefit from the rents accrued by leasing their private property as part of the project, and the region benefits from enough clean, renewable energy to power 50,000 homes.”
Osage Mineral Council called the decision a “historic victory”, adding: “The Council is thankful for the efforts of their federal trustee, the Bureau of Indian Affairs and the United States Department of Justice attorneys, who worked tirelessly to protect their Indian trust resources.”
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