The filing in which Attorney General Gentner Drummond was accused of “manufacturing” statements in his defense of State Treasurer Todd Russ in a lawsuit stemming from the state’s anti-ESG Act was made available over the court’s filing system.
It represents the growing number of motions that would make a case for “dueling” motions in the controversial lawsuit. It might even raise a suggestion of a GOP Attorney General at odds with a former Democratic lawmaker.
The claim was made by attorney Colin Walke who filed suit last December on behalf of state retiree Don Keenan who contended the treasurer’s enforcement of the Act harmed his pension under the Oklahoma Employment Retirement System.
Walke, a former Democratic lawmaker, filed a response on Friday to the Attorney General’s June filing against a request for a summary judgment in the case. In the June filing, the Attorney General, a Republican, had made his own similar claim against Walke’s fiiling, stating, “Plaintiff’s material facts largely consist of legal conclusions masquerading as fact or quotations from state officials stripped of their relevant context.”
Drummond’s filing argued that the plaintiff, i.e. Keenan through his attorney Walke, “has not provided factual evidence—certainly not undisputed evidence—that the Act will cost OPERS money, which is necessary for his Exclusive Benefit provision claim.”
Keenan’s lawsuit contends the Energy Discrimination Elimination Act is unconstitutional. As a result, an Oklahoma County District Judge has suspended enforcement of the Act by Treasurer Russ. The suspension stops Russ from adding any more financial firms to a list of those banned from doing business with state entities for discriminating against the oil and gas industry.
Below is the link to Walke’s latest filing:
file:///C:/Users/User/Downloads/1059174549-20240715-144028-.pdf
Below is the Attorney General’s filing in June:
file:///C:/Users/User/Downloads/1059097530-20240628-160907-%20(2).pdf