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Oklahoma anti-ESG law obstructed by state judge

A judge in Oklahoma blocked a state law that restricts state pension systems from contracting with business that restrict financial investment in the oil and gas market.

Oklahoma County District Court Judge Sheila Stinson on Tuesday provided a temporary injunction blocking enforcement of the law after finding retired person Don Keenan is most likely to succeed in his suit filed last year declaring the law breaches the state constitution and is too vaguely composed.

Oklahoma's 2022 law is among lots of Republican-sponsored costs throughout the nation that intend to totally free nonrenewable fuel source companies from climate-driven restrictions adopted by some Wall Street firms.

Other, similar laws discuss hot-button ecological, social and governance (ESG) subjects like abortion rights and firearms.

At the same time, huge possession supervisors have supported fewer shareholder environment resolutions or left industry efforts to reduce emissions, mentioning to name a few things that business are already taking actions to address environmental issues.

The Oklahoma law forbids state companies from doing service with monetary firms that restrict investments in energy business, and requires the state treasurer to maintain a list of those business even if they continue to own shares in fossil fuel companies. Treasurer Todd Russ last year included BlackRock , Wells Fargo, JPMorgan Chase and Bank of America on the list.

In her ruling, Stinson said the state constitution needs retirement funds be handled for the special advantage of their recipients, however the law appears targeted at countering specific political agendas and to assist the oil and gas sector. Stinson also stated the law consists of conflicting and uncertain definitions for essential terms.

In a statement sent by a representative, Oklahoma's Russ said, I am entirely watching out for the financial interests of the citizens of Oklahoma and its industries. This ruling is not going to stop the fight for Oklahomans versus activists utilizing ESG in state. Russ also stated he is preparing to appeal the order.

Oklahoma is a significant U.S. oil and gas producing state.

An attorney for Keenan declined to comment.

Legal specialists state the judge's choice, while specific to Oklahoma law, might illustrate legal vulnerabilities of other anti-boycott laws passed by Republicans in other states.

Robert Skinner, a legal representative at the law office Ropes & & Gray, stated the concepts animating the court's thinking must resonate broadly in other states with similar laws.

A number of these statutes are vulnerable to the very same review -- that using pension properties as a political tool for the supposed ' protection' of specific markets runs afoul of state law mandates that pensions should be managed entirely in the interest of retired people, Skinner said.

Bryan McGannon, handling director of sustainable investment organization US SIF, stated the judge's action shows the anti-ESG laws are not in recipients' best interests.

Financial professionals, eventually, must have the freedom to make the very best financial investment options for their beneficiaries without partisan legal disturbance, McGannon stated.

(source: Reuters)