Tuesday, December 2, 2014

U.S. FILES SUIT OVER WIND FARM PROJECT IN INDIAN COUNTRY

By TONI ELLINGTON 

The U.S. government has sued a group of developers on behalf of the Osage Nation in the U.S. District Court, Northern District of Oklahoma in Tulsa, Oklahoma, seeking to stop a wind farm project on Osage land, claiming the project infringes on the rights of the Osage Nation. The lawsuit, which is Case No. 14-CV-704, was authorized by the Osage Nation.

Defendants in the lawsuit, which was filed on November 21, 2014, are Osage Wind LLC, Enel Kansas LLC, and Enel Green Power North America, Inc.  The government claims the defendants failed to secure proper permits before beginning construction on the wind farm.

The Osage Nation is a federally-recognized tribe that has been located in Osage County, Oklahoma since the 19th century.  The tribe has over 13,000 enrolled members.  Its headquarters is in Pawhuska, Oklahoma.  The Osage Nation owns all mineral rights in Osage County.  The tribe claims that the Osage Wind Project is destroying vast quantities of limestone and other rock as the wind turbines are being constructed. Although the Osage Nation has authorized the lawsuit, the tribe also seeks to maintain jurisdiction over any legal action related to its lands.

The proposed wind farm would include 84 to 94 wind turbines and would cover 8,400 acres near Pawhuska, Oklahoma.  It would be worth approximately $228 million.

For more information and updates, contact Toni Ellington at (504) 599-8500.

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