Latest legal move in Oklahoma’s anti-ESG Act

 

Just a few days after an Oklahoma County District Judge ruled that Oklahoma’s anti-ESG law should be permanently enjoined from enforcement, the state supreme court was asked to dismiss an earlier state appeal of the judge’s temporary injunction.

Attorney Collin Walke, who led the fight on behalf of state retiree Don Keenan in his lawsuit against the Oklahoma Energy Discrimination Elimination Act of 2022, filed a motion on Monday with the Supreme Court.

In it, he asked for the court to throw out the appeal of Judge Sheila Stinson’s ruling in early May to grant a “temporary”‘ injunction against the Act, a ruling that stopped State Treasurer Todd Russ from adding more firms to a black list of those who discriminated against Oklahoma’s oil and gas industry.

“Therefore, Appeallant’s appeal should be dismissed as moot because the District Court has converted the temporary injunction into a permanent injunction,” argued Keenan’s attorney.

After Judge Stinson announced her decision last Friday to grant a permanent injunction against the Act, Attorney General Gentner Drummond stated he would appeal to the State Supreme Court.

Keenan originally sued contending the enforcement of the act against financial firms that employed ESG or environmental, social and governance policies against oil and gas firms was unconstitutional. He contended the implementation of the act also harmed his retirement benefits under the Oklahoma Public Employees Retirement System.