Revised litigation filed against Oklahoma’s fossil fuel boycott law
2 min readA constitutional challenge to an Oklahoma law prohibiting state and local government contracts with companies that “boycott” the fossil fuel industry is moving forward after it was revised and refiled.
Federal claims in the litigation,
The Energy Discrimination Elimination Act of 2022 calls for divestment from boycotters and bans investment banks on the list from underwriting municipal bond issues under governmental contracts worth $100,000 or more.
In the revised case, plaintiff Don Keenan, a state pension recipient, pointed to a provision in the Oklahoma Constitution mandating that all proceeds, assets, and income of state pension funds be invested exclusively for the benefit of the retirement systems.
“By using pension funds for political warfare, the funds are no longer being used for the constitutionally mandated ‘exclusive purpose,'” the lawsuit states.
It also claims the law violates the state constitution’s free speech, due process, and prohibition against special laws provisions.
State lawmakers are looking at tweaks to the law, including eliminating its application to local government contracts.
Similar laws enacted in Texas in 2021 to protect the oil, natural gas, and firearm industries led to underwriting bans for two investment banks: UBS, which