Oklahoma City

Oklahoma AG Drummond to Appeal Anti-ESG Law Ruling, Seeks Supreme Court Resolution

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Published on October 26, 2024
Oklahoma AG Drummond to Appeal Anti-ESG Law Ruling, Seeks Supreme Court ResolutionSource: Office of the Oklahoma Attorney General

Oklahoma Attorney General Gentner Drummond is preparing to take a controversial anti-ESG law battle to the state's highest court. Following an Oklahoma County judge's summary judgment in a case challenging the state's anti-environmental, social, and governance (ESG) law, Drummond announced intentions to appeal to the Oklahoma Supreme Court. The legislation in question, known as the Oklahoma Energy Discrimination Act of 2022, is designed to prevent state investments with financial institutions that are perceived to be against the oil and gas industries.

Drummond's announcement comes with a critical eye cast on the prior defense of the law. "I am committed to repairing the damage done by the Treasurer and his hand-picked attorney. Frankly, Oklahomans deserved better than allowing this law to be jeopardized," he said in a statement obtained by the Office of the Oklahoma Attorney General. The statement expresses his dissatisfaction with the defense handled by State Treasurer Todd Russ and his chosen legal counsel.

The legal challenge against the anti-ESG statute was initially brought forth by a retired state employee, highlighting fears that his pension could be at risk due to the law's investment restrictions. Retirement funds are closely intertwined with the wider specter of global finance, where ESG factors are increasingly considered by investors for both ethical and financial performance reasons.

The Oklahoma Energy Discrimination Act faces scrutiny for its potential impact on the state's ability to engage with various financial institutions and could influence how future pension system investments are handled. Drummond's approach to the appeal aligns with his May takeover of the lawsuit's defense from the Treasurer, marking a shift in tactics as the case moves higher up in the state judiciary system. This legal bout places a spotlight on the ongoing national debate surrounding ESG initiatives and their place within state-run investment strategies, as per the Office of the Oklahoma Attorney General.