Damages Debated in Osage County Wind Farm Suit
Enel Green Power North America Inc. might owe the Osage Nation $69,000. Then again, they might owe $37.7 million.
As The Tulsa World reported, Enel Green Power built a wind farm on Osage land, which might have been fine, except Enel didn’t get permission before they started blasting limestone and erecting turbines.
That was more than a decade ago. In January, the company was ordered to remove the 84 turbines from Osage Reservation land, which the Osage Nation considers sacred.
The sticking point wasn’t the turbines. The plaintiffs argued that when Enel blasted the limestone to create footing for the turbines they engaged in mining minerals for which they had neither a permit nor a lease. A federal court agreed.
Now, the dispute is about how much Enel owes the Osage Minerals Council. On Monday, Enel argued they were only responsible for the royalty value of the limestone they blasted away: $68,993. The plaintiffs contend they’re owed $242,000 for converting the limestone. If the judge calculates damages based on market value, that could be $2.4 million.
Assistant U.S. Attorney Nolan Fields also argued for $12.5 million in damages for trespassing, which could be tripled if the court concludes Enel acted with wrongful intent, bringing the potential award to more than $37 million.
More worth reading:
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New Board Postpones St. Isidore Action
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“Don’t let yesterday use up too much of today.”
— Will Rogers
Ciao for now,
Ted Streuli
Executive Director, Oklahoma Watch
tstreuli@oklahomawatch.org
