Oklahoma plaintiff seeks to bolster defense against halted anti-ESG law
By Paul Verney, Responsible Investor
Lawyers for public pension fund beneficiary seek court approval for further claims against blocked boycott legislation amid appeal threat.
An Oklahoma public pension fund beneficiary whose legal action last month resulted in the US state’s anti-ESG law being permanently halted has returned to court seeking the judge’s endorsement for three additional claims against the legislation, amid the threat of appeal.
In July, Oklahoma district court permanently halted the enforcement of the boycott law, which would have banned public pension funds in the state from doing business with financial firms allegedly boycotting the fossil fuel industry.
That ruling followed a temporary injunction in May after the district court judge Sheila Stinson found a “substantial likelihood” that the case brought in December by Don Keenan, former president of the Oklahoma Public Employees Association, would succeed on multiple grounds.
Keenan’s original case alleged four breaches of the Oklahoma state constitution, but following oral arguments and a review of submitted documents, just two formed the basis of the court’s injunction.
The new motion for summary judgement, which was filed on 5 August, seeks the court’s approval for three further claims against the blocked law.
Two are repetitions of those submitted in May which were not included in the temporary injunction: freedom of speech and creating an impermissible barrier to the courts.
The third focuses on the unconstitutional award of fees and costs.
A spokesperson for the Oklahoma attorney general told Responsible Investor in July that he planned to appeal the permanent injunction and said they hoped to be “able to repair the damage at the Oklahoma Supreme Court”.