PicoBlog

Thanks for this post and the podcast - THIS is real journalism. Thanks for carrying the torch that the mainstream press left behind!

Sorry to hear about your family's loss, but just like Everett Waller, you are indeed walking in a legacy...

Again, excellent piece and great that the little guy wins. But one question I had after the podcast. You mentioned that the lawsuit was over minerals - specifically the rock that was mined for building the wind towers. (as an aside, there is tremendous amount of concrete and below ground construction for a wind tower - this is then covered back up with the soil etc.).

But didn't someone from the Osage tribe sign off on the wind lease? My understanding is that wind (and solar) leases are similar in that they are negotiated with a party. So, if it is built on Osage land, then someone signed off on the wind lease. And removal of the towers would affect the income from the wind lease(s) etc...

Yes, it would be egregious for Enel to start digging/mining without proper contracts especially after the court ruled against them on that very point. In your podcast with Everett, it sounded as if Enel had several different law firms represent them. It could have been poor advice from counsel OR perhaps more likely is that Enel didn't follow legal advice and instead shopped around for answers they liked. In any case, Enel was in and found to be in the wrong and therefore will be paying...

Another thought...since Enel is an Italian company, could it be that they just didn't understand mineral rights are owned by in this case a tribe? Again, bad counsel or bad listening to counsel...

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