Wind and Solar vs Mineral Rights

By | June 16, 2025

A recent lawsuit brought by the Osage Tribe of Oklahoma pitted wind leases against the rights of mineral owners. After years of litigation, the federal courts ruled that the wind farm must be dismantled because it interferes with the mineral rights of the tribe.

Unlike many tribes, the minerals are held by the tribe and even in Oklahoma, Osage County is separately managed from the rest of the state and the state does not regulate those wells.

 

When mineral rights are severed from the surface rights, conflicts can occur if surface owners lease for wind or solar. Solar farms, in particular, can interfere with the process of drilling and producing oil. And therefore, the courts ruled in the above case that the mineral rights are superior to that of the surface right to lease for solar and wind.

Mineral owners should be careful when dealing with these issues and let the lawyers handle it if a windfarm is leased over your mineral rights.

https://bluemesaminerals.com/solar-farm-mineral-rights/

To eliminate this issue, solar developers will often attempt to purchase the mineral rights under any property where they plan to install solar panels. In fact, they will often purchase the mineral rights to adjacent properties to avoid the chance that a shadow will be cast across their panels.

Link to ruling above

https://www.justice.gov/usao-ndok/pr/enel-ordered-remove-osage-wind-farm-after-more-ten-years-litigation