OSAGE CO. — A wind farm just west of Pawhuska may soon be torn down after a federal judge ruled in favor of the Osage Nation's rights.
The lawsuit filed in November of 2014 is a decade-long battle over the land it sits on.
"To just be treated fairly. It’s not like we are asking for, you know, not anything extraneous. They came to our land. We did not tell them to come here. They came here and did this to us," said Wendy Ponca.
She is a Tribal member of the Osage Nation. She said her family has fought against wind turbines since its announcement.
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She lives in Fairfax about 20 minutes south of the wind farm. But the idea of it being on the reservation without getting proper approval, is why she decided to speak out.
"It’s just the fact that we have to go to these ends to have people recognize us as a sovereign nation," said Ponca.
With U.S. District Judge Jennifer Choe-Groves ruling in favor of the Osage Nation, Ponca said she could breathe a little easier.
"I’m just glad that it’s happening in my lifetime. That we are actually seeing a little bit of justice," Ponca said.
In 2010, Enel Green Power North America leased the land to build the wind farm in the Osage hills. The land is expansive building the turbines plus an office building and electrical grid.
However, the Osage Nation said the company failed to get building permits through the Nation Mineral’s Council.
"On the concern that they didn’t get a lease and they could get a permit and they refused to get one so that’s what she based it on," said Ponca.
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The Osage Nation owns the mineral rights – needing to approve any leases on all oil, gas, and other minerals before companies can mine on the land.
The wind farm sits on 8,400 acres of land. Judge Choe-Groves ordered the removal of all 84 wind turbines and the land to return to its "pre-trespass state."
The judge ruled Enel must also pay $300,000 in damages for the 10-foot deep by 60-foot-wide holes it created in the land.
This is a win for the Osage Nation. That's something Mineral’s Council Chairman Myron Redeagle said is nothing new.
"It’s just a gratifying solution to an age-old problem," said Redeagle.
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2 News reached out to Enel asking for an interview or a statement. A spokesperson for the company sent this:
Enel Green Power North America and its local subsidiary Osage Wind appreciate the district court’s decision after a full trial to reject the Osage Mineral Council’s request for tens of millions of dollars in damages, instead awarding damage of a little over $300,000, rejecting the argument that the damages award should be trebled based on misconduct. 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. Enel looks forward to continuing its support of the local Osage Wind stakeholders and generating affordable power in the years to come. The ejection of the wind farm would adversely impact these economic and environmental benefits to the local community.
Ponca and Redeagle said they’re not opposed to sustainable energy as long as the companies follow the rules.
"Please let’s just work by the rules. There’s rules in the world. If everybody just follows the rules it will be fine. But they think that they can’t. So therefore we need to set an example and make them pay for that," said Ponca.
Enel can appeal the court's decision.
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