popular articles

The United States Orders Enel to Dismantle a 150 MW Wind Farm

A U.S. court demands the removal of the Smokey Hills wind farm, located on Osage tribal lands, citing illegal operations and imposing a $300,000 fine.

Please share:

The U.S. justice system has issued a binding ruling against Enel, the Italian energy group, requiring the dismantling of its Smokey Hills wind farm, with a capacity of 150 megawatts (MW). The site, spanning 8,400 acres in Osage County, Oklahoma, was found in violation of federal and tribal laws protecting the mineral rights of the Osage Nation. In addition to restoring the land to its original state by December 2025, the company must pay $300,000 in compensation.

Legal and Financial Context

This ruling concludes more than a decade of legal proceedings initiated in 2014 by U.S. authorities on behalf of the Osage Nation. The dispute centered on the lack of a required permit for the exploitation of underlying mineral resources, despite Enel securing surface rights for the project. Judge Choe-Groves emphasized the importance of respecting laws that safeguard indigenous communities’ rights to their lands and natural resources.

The judgment also requires Enel to cover the legal costs incurred by the Osage Nation and the United States. The protracted nature of the conflict highlights the complexities of interactions between energy developments and protected land rights.

Impact on the Renewable Energy Sector

This verdict sheds light on the regulatory challenges faced by companies involved in the energy transition, particularly when operating on tribal or protected lands. Market players now face increased pressure to adhere strictly to local and federal laws, under the risk of significant financial and reputational consequences.

For investors and operators in the sector, this case underscores the importance of conducting thorough due diligence on regulatory and environmental aspects before launching large-scale projects. The necessity for consultations and explicit agreements with local stakeholders has become a strategic imperative.

Outlook for Operators

Enel’s case could set a precedent in other disputes involving energy projects on sensitive lands. Companies will need to adapt their development strategies by taking greater account of local community demands and complex legal frameworks to safeguard their investments.

Register free of charge for uninterrupted access.

Publicite

Recently published in

Nexif Ratch Energy has received preliminary environmental approval from the Philippine government to initiate technical studies for its 500 MW San Miguel Bay offshore wind project.
Chinese wind turbine manufacturer Goldwind reported strong 2024 results, fuelled by accelerated overseas sales amid a slowdown in the domestic market.
Chinese wind turbine manufacturer Goldwind reported strong 2024 results, fuelled by accelerated overseas sales amid a slowdown in the domestic market.
Swedish group Vattenfall has approved the final investment for two major offshore projects in the North Sea, with construction scheduled to start in 2026 and operations expected by 2028.
Swedish group Vattenfall has approved the final investment for two major offshore projects in the North Sea, with construction scheduled to start in 2026 and operations expected by 2028.
European Energy has finalised two agreements to sell an 83.5 MW portfolio of wind farms to Enea, reinforcing its position as a renewable energy developer in the Polish market.
European Energy has finalised two agreements to sell an 83.5 MW portfolio of wind farms to Enea, reinforcing its position as a renewable energy developer in the Polish market.
Repsol has sold a 49% minority stake in a 400 MW renewable portfolio in Spain to Schroders Greencoat for €580 mn, confirming its co-investment strategy to optimise project profitability.
Swedish firm Hexicon has sold its 50% stake in two floating offshore wind projects off the coast of Italy to Ingka Investments and Oxan Energy for up to €20mn.
Swedish firm Hexicon has sold its 50% stake in two floating offshore wind projects off the coast of Italy to Ingka Investments and Oxan Energy for up to €20mn.
ABO Energy secured three additional wind projects in the latest tender by the German Federal Network Agency, extending a momentum initiated in 2024.
ABO Energy secured three additional wind projects in the latest tender by the German Federal Network Agency, extending a momentum initiated in 2024.
The Spanish group transfers the majority of its operations in India and Sri Lanka to a consortium led by TPG, creating a new entity focused on onshore wind.
The Spanish group transfers the majority of its operations in India and Sri Lanka to a consortium led by TPG, creating a new entity focused on onshore wind.
Swedish group Vattenfall acquires BASF’s stake and initiates a 1,610 MW North Sea wind project on its own, with commissioning expected by 2028.
Vena Energy commits USD 200 mn to an offshore wind project in South Korea to bolster the country’s energy independence, in partnership with local authorities.
Vena Energy commits USD 200 mn to an offshore wind project in South Korea to bolster the country’s energy independence, in partnership with local authorities.
Nexans will supply RTE with 730 kilometres of high-voltage cables to connect three future offshore wind farms off the coasts of Normandy and Oléron, under a framework agreement valued at more than €1 billion.
Nexans will supply RTE with 730 kilometres of high-voltage cables to connect three future offshore wind farms off the coasts of Normandy and Oléron, under a framework agreement valued at more than €1 billion.
Poland’s Baltic Power project, jointly owned by ORLEN and Northland Power, secured its first design certificates, a key regulatory step towards the construction of its offshore wind farm in the Baltic Sea.
Poland’s Baltic Power project, jointly owned by ORLEN and Northland Power, secured its first design certificates, a key regulatory step towards the construction of its offshore wind farm in the Baltic Sea.
In Martigné-Ferchaud, a group of citizens invested in a wind farm with an annual capacity of 36 GWh, raising €520,000 from a total €24 mn budget, with operations set to begin in May.
RWE invests in wind projects in Texas by selecting GE Vernova to supply turbines made in the United States, thereby strengthening local energy production and supporting rural economic development.
RWE invests in wind projects in Texas by selecting GE Vernova to supply turbines made in the United States, thereby strengthening local energy production and supporting rural economic development.
Ignitis Group, the Lithuanian energy provider, updated the progress of its Curonian Nord offshore wind project with an investment of EUR 50 million. The final investment decision is expected after 2027.
Ignitis Group, the Lithuanian energy provider, updated the progress of its Curonian Nord offshore wind project with an investment of EUR 50 million. The final investment decision is expected after 2027.
Copenhagen Infrastructure Partners has secured financing for the Fengmiao I offshore wind farm, a 495 MW project off the coast of Taiwan, marking a significant step forward for the local industry.
Copenhagen Infrastructure Partners has secured financing for the Fengmiao I offshore wind farm, a 495 MW project off the coast of Taiwan, marking a significant step forward for the local industry.
Encavis AG continues its expansion in Hesse with the acquisition of a 12 MW wind farm project in Bad Arolsen-Landau, with grid connection expected by October 2025.
German group Nordex has secured an order to supply and install 16 N163/5.X turbines in Nova Scotia, totalling a capacity of 94 MW. The contract also includes a 25-year maintenance agreement.
German group Nordex has secured an order to supply and install 16 N163/5.X turbines in Nova Scotia, totalling a capacity of 94 MW. The contract also includes a 25-year maintenance agreement.
RWE makes significant progress in the construction of the 1.4 GW Sofia offshore wind farm, with the arrival of a turbine installation vessel, the production of the first recyclable blades, and the imminent installation of the first turbines. Full commissioning is scheduled for 2026.
RWE makes significant progress in the construction of the 1.4 GW Sofia offshore wind farm, with the arrival of a turbine installation vessel, the production of the first recyclable blades, and the imminent installation of the first turbines. Full commissioning is scheduled for 2026.
Ørsted has commissioned the 50.4 MW Bahren West I onshore wind farm in Germany, its largest project of this kind in the country. Construction of the 61.6 MW Bahren West II wind farm will start in May 2025, with completion expected by 2027.
Ørsted has commissioned the 50.4 MW Bahren West I onshore wind farm in Germany, its largest project of this kind in the country. Construction of the 61.6 MW Bahren West II wind farm will start in May 2025, with completion expected by 2027.
Europe installed 12.9 GW of new wind capacity in 2024, but further efforts are required to meet its climate commitments, with 140 GW of investments expected between 2025 and 2030.
Goldwind, Envision, and MingYang secured the top three positions in the global wind turbine manufacturing market in 2024, driven by strong domestic demand in China. The decline in installations outside China further strengthened their dominance over Western competitors.
Goldwind, Envision, and MingYang secured the top three positions in the global wind turbine manufacturing market in 2024, driven by strong domestic demand in China. The decline in installations outside China further strengthened their dominance over Western competitors.
The Montpellier criminal court must rule on the criminal liability of EDF Renouvelables and its subcontractors regarding the excessive mortality of protected birds at the Causse d’Aumelas wind farm, located in a Natura 2000 zone.
The Montpellier criminal court must rule on the criminal liability of EDF Renouvelables and its subcontractors regarding the excessive mortality of protected birds at the Causse d’Aumelas wind farm, located in a Natura 2000 zone.
FuturEnergy Ireland and SSE Renewables have secured approval to build the Gort Uí Rathaile Wind Farm with 13 turbines near the Cork/Kerry border, strengthening Ireland's energy security.
FuturEnergy Ireland and SSE Renewables have secured approval to build the Gort Uí Rathaile Wind Farm with 13 turbines near the Cork/Kerry border, strengthening Ireland's energy security.

Advertising