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Oklahoma anti-ESG law blocked by state judge
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Oklahoma anti-ESG law blocked by state judge
May 8, 2024 10:22 AM

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.

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