The Uptime Wind Energy Podcast

US Offshore Wind Struggles, Lawsuit on Osage Land Continues


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Legal battles in Oklahoma continue between the Osage Nation and Enel. Equinor faces offshore wind project hurdles amidst U.S. offshore wind regulatory issues. Plus a rebranding announcement from Deutsche Windtechnik to DWT and a new study painting wind blades red to prevent bird strikes.
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You are listening to the Uptime Wind Energy Podcast, brought to you by build turbines.com. Learn, train, and be a part of the Clean Energy Revolution. Visit build turbines.com today. Now here's your hosts, Allen Hall, Joel Saxum, Phil Totaro, and Rosemary Barnes. 
Allen Hall: There's more news out of Oklahoma. The state of Oklahoma has.
Entered the legal ballot between the wind developer in EL and the Osage nation. It, we all recall on the podcast probably a year ago where the Osage Nation had won a lawsuit with the help of the federal government to take down a big wind farm in north central Oklahoma. The state of Oklahoma has filed an amicus brief opposing the immediate removal of the 84 turbines in Osage County.
Now, this is a big deal [00:01:00] because pretty much the last I saw, which is a while ago, the order was that they needed to take down all the turbines and reclaim the land, basically put it back to where it was before the turbines were placed in it. Now the state of Oklahoma is stepping into the mix and they're citing a couple of things.
They're saying that the state of Oklahoma has an interest in property laws and protecting tax revenue. However, Osage doesn't fit into Oklahoma laws. It's not their territory. And meanwhile, the Osage tribe is saying, Hey, this is over and we have mineral rights, and these turbines need to come down.
So this is a kind of a weird spot because Anelle's in the middle of this, now that the state's gotten involved against the federal government, is there a missing link here? Is, this is certain more to this story because it does seem like some wheels are turning at the moment. I think, 
Joel Saxum: Phil Allen.[00:02:00]
You guys are very smart, right? But I think we need someone smarter than us to decode this whole thing as far as like maybe a lawyer that can get in there, because Alan, you hit it on the head, Osage tribe and Osage tribe lands do not actually fall under Oklahoma law. They have their own sets of laws, so you have a federal ruling saying that something must happen within, of course, the outlines of the state of Oklahoma, but within the greater outlines of the United States.
But now the state wants to be able to go against the federal ruling to have their own rights recounted for while this, the Oage tribe is saying no, like we've already passed and I think the total bill that NL is gonna was supposed to get stamped, it was like $300 million, which is crazy 'cause it doesn't cost $300 million to remediate 84 turbines.
However. This isn't necessarily a wind turbine take down exercise. This is a mining reclamation exercise after you take the wind turbines down. That's why it costs so much. [00:03:00] So there's a lot of money on the table for nl and now you have the Oklahoma Solicitor General Jerry Gary Gaskins stepping in and saying Hey, we're also getting some kind of tax revenues to the state and things like that from the wind farm.
But I wouldn't think that would go to the state in this case. I would think it would go to the Osage tribe. So I don't understand the state's. The state's position in this. 
Phil Totaro: But Phil, do you have any insights on that? Unfortunately, I do not. But what's interesting about it is that you had,
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The Uptime Wind Energy PodcastBy Allen Hall, Rosemary Barnes, Joel Saxum & Phil Totaro

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