Oklahoma's Energy Discrimination Elimination Act Blocked; Appeal Pending

March 20, 2024

Summary

The Energy Discrimination Elimination Act was created in May 2022 by HB 2034. The Act was locked by an Oklahoma judge in July 2024, and an ongoing appeal of the decision was filed in December 2024. The law required the Oklahoma State Treasurer to maintain and provide to each state governmental entity a list of financial companies that boycott energy companies. It required the Treasurer to divest from any listed companies and prohibited state governmental entities from entering into a contract for goods or services with a listed company unless alternatives are not available. The law also prohibited states from entering into contracts with any company for goods or services unless the contract contains a written certification that the company does not and will not boycott energy companies. 

The law defined "boycott energy companies" as refusing to deal with or terminating business activities with companies that engage in the fossil-fuel based energy industry or fail to commit or pledge to meet environmental standards, as well as companies that do business with such companies. 

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