Last December, clean-energy company Enel was ordered to pay millions of dollars in legal fees and damages, and to remove wind turbines built in Osage County by the end of 2025.
In January, the company filed an appeal against the ruling and asked to pause the removal of the turbines. On March 7, the pause was granted.
Now the State of Oklahoma has entered the fray.
Last week, the state's Solicitor General filed an amicus curiae brief in support of the company, stating that it has an interest in protecting the rights of surface owners and the potential tax revenue the wind farm could generate.
In the brief, the state acknowledges Enel violated the law and should pay for the damages, but because construction ceased in 2014, requiring the company to remove the turbines is extreme.
The initial case stems from Enel's deep excavation of minerals belonging to the Osage Nation below the land they leased for construction. The company later used these minerals as backfill.
Enel estimates the cost of removal is $260 million.
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