Media Statement on Oklahoma Summary Judgement Blocking the State’s Anti-ESG Law, the Energy Discrimination Elimination Act of 2022

In a ruling issued today, Oklahoma District Court Judge Sheila Stinson added three additional violations to the existing permanent injunction blocking the enforcement of the state’s Energy Discrimination Elimination Act of 2022. This law was challenged by a retired state employee who sued to prevent harm to taxpayers and retirees from the law’s creation of a blacklist of financial institutions banned from doing business with the state because they are accused of boycotting energy companies.

The judge previously issued a permanent injunction blocking enforcement of the law based on two counts; Today’s decision builds upon the initial permanent injunction, ruling that the law violates constitutional protections of due process and free speech of the affected companies, is unconstitutionally vague, and conflicts with a constitutional provision that bars consideration of non-financial factors in those public investments.

You can read the judge’s order here. 

“This ruling is a victory for current and future retirees who depend on Oklahoma’s pensions for their financial security, as well as for the state’s taxpayers and businesses,” said Tim Hill, president of the Alliance for Prosperity and a Secure Retirement (APSR).

“First responders, teachers, and other public employees deserve sound financial management of their pensions without the increased risks that come when political agendas are added to the mix,” he said.

“We’re happy to see the courts agree and impose a strong permanent injunction to this law that protects Oklahoma pensioners and taxpayers. I hope other states considering similar laws are paying attention,” Hill concluded.