May 8 (Reuters) - A judge in Oklahoma blocked a state
law that prohibits state pension systems from investing with
companies that limit investment in the oil and gas industry.
Oklahoma County District Court Judge Sheila Stinson on
Tuesday issued a temporary injunction blocking enforcement of
the law after finding retiree Don Keenan is likely to succeed in
his lawsuit filed last year alleging the law violates the state
constitution and is too vaguely written.
Oklahoma's 2022 law is among dozens of Republican-sponsored
bills across the country that aim to free fossil fuel companies
from climate-driven constraints adopted by some Wall Street
firms. The laws have led some financial firms like JPMorgan
Chase ( JPM ) and State Street to dial back their participation
in industry efforts to reduce climate-damaging emissions through
their investments.
Other, similar laws touch on hot-button environmental,
social and governance (ESG) topics like abortion rights and
firearms.
The Oklahoma law prohibits state agencies from doing
business with financial firms that limit investments in energy
companies, and requires the state treasurer to maintain a list
of those companies even if they continue to own shares in fossil
fuel firms. Treasurer Todd Russ last year included BlackRock ( BLK )
, Wells Fargo ( WFC ), JPMorgan Chase ( JPM ) and Bank of America ( BAC )
on the list.
In her ruling, Stinson said the state constitution requires
retirement funds be managed for the exclusive benefit of their
beneficiaries, but the law appears aimed at countering certain
political agendas and to help the oil and gas sector. Stinson
also said the law contains conflicting and unclear definitions
for key terms.
"This ruling is not going to stop the treasurer from
fighting against ESG," a representative for Russ said via email,
noting he is preparing to appeal the order.
Oklahoma is a major U.S. oil and gas producing state.
An attorney for Keenan declined to comment.
Legal experts say the judge's decision, while specific to
Oklahoma law, may illustrate legal vulnerabilities of other
"anti-boycott" laws passed by Republicans in other states.
Robert Skinner, a lawyer at the law firm Ropes & Gray, said
"the principles animating the court's reasoning should resonate
broadly" in other states with similar laws.
"Many of these statutes are vulnerable to the same critique
- that using pension assets as a political tool for the supposed
'protection' of particular industries runs afoul of state law
mandates that pensions must be managed solely in the interest of
retirees," Skinner said.