The Osage Native Americans, whose story was brought to the cinema in Martin Scorsese's recent film 'Killer of the flower moon', asked Enel for damages after winning a legal battle to see their sovereignty also recognized in the energy transition.
According to the Financial Times, Enel will have to pay around $260 million to remove 84 paleolian turbines from Osage lands in Oklahoma following a federal district judge's decision last December that the company did not have the necessary type of permit, which concerns minerals, granted by an appropriate Osage Council.
The FT underlines that this is one of the first sentences in the USA calling for the removal of a wind project that has already been in operation for some time.
"Enel, it will cost you a fortune not to have asked us for a permit.
That's all you had to do," Osage Minerals Council president Everett Waller told the Ft.
The Osage, he explained, are not against the development of clean energy, but ask to be consulted by companies.
For its part, the company states that "Enel and Osage Wind respect the judicial proceedings regarding Osage Wind and, although they do not agree with the decision of the Federal District Court of Oklahoma issued on December 20, will continue to act in good faith to manage the project is in compliance with the law until the final outcome of the matter is determined."
Osage Wind, underlines Enel, "never intended to extract minerals owned by the Osage nation nor to question its sovereignty, and acted in the genuine belief that its actions were consistent with applicable legal requirements. Osage Wind operates for the benefit of the local community. Schools, farmers, ranchers, and other landowners in Osage benefit from the presence of the facility, and the region benefits from clean, renewable energy for 50,000 homes. Shutting down the wind farm would negatively impact these benefits to the local community. Osage Wind will ask for a review of the decision appealed in due course, consistent with your legal rights."
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