Posted by Richard Willett - Memes and headline comments by David Icke Posted on 30 December 2023

Judge Orders Removal of Wind Farm Opposed by Tribal Group and Federal Gov’t for 10+ Years; Trial Set for Damages

Judge orders removal of wind farm opposed by Osage Nation

Curtis Killman Tulsa World Staff Writer

A federal judge on Wednesday ordered the removal of a wind farm in Osage County and set a trial for damages in a win for the Osage Nation and its Mineral Council, which, along with the federal government, have been fighting the erection of the turbines for more than a decade.

A judge has ordered the removal of a wind farm in Osage County and set a trial for damages in a win for the Osage Nation and its Mineral Council, which, along with the federal government, have been fighting the erection of the turbines for more than 10 years.

U.S. Court of International Trade Judge Jennifer Choe-Groves, sitting by designation, issued the ruling Wednesday in Tulsa federal court against Osage Wind LLC, Enel Kansas LLC and Enel Green Power North America Inc.

The ruling grants the United States and the Osage Nation through its Minerals Council permanent injunctive relief via “ejectment of the wind turbine farm for continuing trespass.”

The Minerals Council is an arm of the Osage Nation that manages the Osage Minerals Estate.

The ruling follows a 2017 appellate court ruling that determined that construction of the wind farm constituted mining and required a lease from the Osage Nation’s Minerals Council, which the defendants failed to obtain.

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“The developers failed to acquire a mining lease during or after construction, as well as after issuance of the 10th Circuit Court of Appeals’ decision holding that a mining lease was required,” Choe-Groves said.

“On the record before the Court, it is clear the Defendants are actively avoiding the leasing requirement,” Choe-Groves said. “Permitting such behavior would create the prospect for future interference with the Osage Mineral Council’s authority by Defendants or others wishing to develop the mineral lease.

“The Court concludes that Defendants’ past and continued refusal to obtain a lease constitutes interference with the sovereignty of the Osage Nation and is sufficient to constitute irreparable injury.”

Osage Minerals Council Chairman Everett Waller said in an interview Thursday morning that he was still “stunned” by the ruling.

“I hope no other tribe has to do what we had to do,” Waller said, referring to the long court battle.

“This is a win not only for the Osage Minerals Council; this is a win for Indian Country,” Waller said.

“There are a lot of smaller tribes that couldn’t have battled this long, but that’s why we’re Osages,” Waller said. “We’re here, and this is our homeland, and we are going to protect it at all costs.”

Osage Wind, for its part, claimed that while an appeals court found that it had “mined without a lease in 2014, it did not hold that Osage Wind was obligated to obtain a lease for that completed mining or for any other ongoing purposes.”

Read More: Judge Orders Removal of Wind Farm Opposed by Tribal Group and Federal Gov’t for 10+ Years; Trial Set for Damages

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