The former state employee who challenged Oklahoma’s Energy Discrimination Elimination Act in a 2023 lawsuit, and won a judge’s ruling which resulted in an appeal still in the hands of the state Supreme Court, died recently.
But the death of Don Keenan won’t delay the Supreme Court’s consideration of an appeal by the Attorney General of an Oklahoma County district judge’s ruling that put the law on hold.
Keenan, 81, died April 7 at his home in Glenpool.
Keenan sued State Treasurer Todd Russ over his enforcement of House Bill 2034, the Energy Discrimination Elimination Act of 2022, which prohibits the state from doing business with financial institutions deemed by the Legislature and the Treasurer to be hostile to the energy industry.
Keenan served 19.5 years in the military and later worked for the Oklahoma Employment Security Commission as the Disabled Veterans Employment Representative. He also was a member and former president of the Oklahoma Public Employees Association.
After he retired from state service, Keenan was employed by the Sinclair refinery in Tulsa as its human resources director. As a former Sinclair employee, Keenan did not “have any objections to oil and gas operations” and believed they are “important and critical to the world economy,” his attorney, former state Representative Collin Walke, wrote.
However, as a retiree in the Oklahoma Public Employees Retirement System, Keenan did object to his retirement benefits “being depleted because the Treasurer believes that making political statements with retiree dollars is more important than taking care of retirees themselves.”
Keenan said his lawsuit was intended to ensure that the State Treasurer “abides by his Oklahoma constitutional and statutory obligations to operate the retirement systems for the ‘exclusive benefit’ of its pensioners.”
His obituary said Keenan “protected the rights of active and retired state workers.” The obituary notice also took note of his activism and challenge of the state’s anti-ESG (environmental, social, and governance) law.
“Don was always wanting to help others,” the obituary relates. “If that weren’t enough, in full retirement Don became the plaintiff in a 2024 lawsuit against the Oklahoma State Treasurer to protect retired state employees’ money – and won.”
But the ruling by Oklahoma County District Judge Sheila Stinson was appealed by Attorney General Gentner Drummond to the Oklahoma Supreme Court, where the case has been slowly making its way since January 2025. Walke filed a motion after his client’s death, asking the Supreme Court to allow him to name a “substitute party.”
In his request, Walke maintained that Keenan’s death would not impair any judgment because none had been made by the Supreme Court. He contended that no substitution was really necessary but he affirmed that “a qualified taxpayer in the state of Oklahoma stands ready to be substituted.”
Before arguing against Walke’s request, State Solicitor Garry Gaskins offered condolences to the Keenan family, then maintained in early May that Walke was no longer legally authorized to seek a substitute for Keenan.
Gaskins further challenged Walke’s representation by stating, “This Court has made clear” that “the authority of a deceased party’s attorney ceases upon the death of that party” and that “Appellee’s counsel at the time of his death has no present authority to seek leave of court to substitute a party.”
Chief Justice Dustin P. Rowe denied Walke’s request last week but ordered the case to proceed.
“No named person is before the Court seeking to be named as a party to substitute for the deceased appellee. This motion filed by counsel for deceased appellee is DENIED,” Rowe wrote in his June 23 decision.
“The appeal shall proceed as an appeal authorized by Okla. Sup. Ct. R. 1.36, and the trial court briefs are the appellate briefs. No additional briefs are necessary. No amicus curiae briefs shall be filed.”
Justices James Winchester, James Edmondson, Douglas Combs, Noma Gurich and Richard Darby concurred with the Chief Justice, while Justices Dana Kuehn and M. John Kane IV were in dissent. Newly named Justice Travis Jett, sworn in last month, recused himself from the case.
Filings in the case also show another group, Democracy Forward Foundation, joined the efforts of the Oklahoma Retirees Association which included Keenan in filing the original lawsuit. Two attorneys requested permission to join the case as amicus curiae or “friend of the court.”