Indigenous Sovereignty in the Low-Carbon Transition: Reflections on the Osage Wind Judgement

In United States and Osage Minerals Council v Osage Wind et al, the US federal judges ordered a wind developer to remove its turbines and pay damages to the Osage Nation. This dispute arose from the peculiar legal regime of the mineral estate established in federal Indian law. Its outcome has broader implications for the low-carbon transition. Indigenous opposition to renewable plants is widespread both in the US and elsewhere. This means that, in pluralistic legal orders, the management of the interplay between state and non-state law is a key factor for the success of climate policies. This comment describes the facts of the case and discusses the meanings of the Indian canon of interpretation, its implications for federal, tribal, and state sovereignty, as well as the global debate about the integration of Indigenous knowledge into climate policies.