Oklahoma judge issues summary judgment against anti-ESG law (2024)

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October 29, 2024

Oklahoma County District Judge Sheila Stinson—who temporarily suspended the state’s anti-ESG law earlier this year—issued a summary judgment against the law last week. The statute prohibits state contracts and investments with asset managers who—in the state treasurer’s view—boycott the fossil fuel industry. State Attorney General Gentner Drummond (R) said his office will appeal the case to the Oklahoma Supreme Court. According to OK Energy Today:

“

The Oklahoma County District Judge who earlier suspended enforcement of Oklahoma’s anti-ESG act following a lawsuit by a state retiree granted summary judgment in the case on Friday. Judge Sheila Stinson also added three more violations of the state Constitution in her ruling against the Energy Discrimination Elimination Act of 2022, an act challenged by retiree Don Keenan in a lawsuit filed in December 2023. Keenan’s lawsuit argued the creation of a blacklisting of companies that discriminated against the oil and gas industry harmed him. He sued State Treasuer Todd Russ for enforcement of the Act and the creation of a list of firms that were not allowed to do financial business with state agencies, including the retirement systems. Judge Stinson in her granting of summary judgment said the 'Act prohibits private causes of auctions and assesses attorney fees against any individual or entity challenging the statue, with no consideration of whether they are successful or not in their challenge.'

”

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