"ENEL ENERGY PLANS APPEAL 'OSAGE WIND CASE' AFTER JUDGE ORDERS WIND FARM REMOVAL," 16 January 2024

A spokesperson for Enel Energy said... the company would appeal an order to shut down and remove a wind farm in Osage County.

The decision, by a Federal Court in Tulsa, came after more than a decade of legal arguments over the construction of Osage Wind, an 84-turbine wind generation plant near Burbank.

The turbines stand on private land but were built by mining and using rock on-site, without a minerals permit required by the Osage Nation.

“Enel and its Osage Wind project respect the judicial process regarding Osage Wind, and while it disagrees with the decision..., it will continue to act in good faith to operate the project in accordance with the law until the outcome of this matter is finally determined,” said the spokesperson via email. “Osage Wind will seek appellate review of the decision in due time, consistent with its legal rights.” ...

Chief Geoffrey Standing Bear has said he favors removal and wants damages significant enough to discourage other operators from ignoring the tribe when doing business on the Osage Reservation.

Enel Energy operates Osage Wind, and in announcing plans to appeal the ruling, argued that removing it would cause more harm. ...

Everett Waller, who heads the Osage Minerals Council, has said he would not support any solution that doesn’t involve removing the turbines, and Chief Standing Bear said he fully supports Waller and the Minerals Council, which led the litigation that led to the ruling in favor of the tribe.