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Senate tightens public-nuisance statute after court ruling, saying law should not target lawful products
Summary
Senate Bill 1115 clarifies Oklahoma's public-nuisance law to narrow its application and reflect common-law definitions, a change the sponsor said responds to a state Supreme Court opinion that recommended legislative clarification.
The Senate passed Senate Bill 1115 to clarify the scope of the state's public-nuisance statute and to reaffirm that the cause of action should not be used to regulate the lawful manufacture, marketing or sale of products.
Senator Tom Daniels, sponsor, said the bill responds to a state Supreme Court opinion that found a prior expansive use of the public-nuisance law was inconsistent with common law. "Our supreme court said that public nuisance does not extend to manufacturing, marketing and selling of products, legal products," Daniels said on the floor, urging the legislature to clarify the statute.
Members asked whether the bill would affect settlements and ongoing actions connected to opioid litigation; the sponsor said the legislation does not change or undo settlements already entered. Lawmakers also asked hypotheticals about odor and community impacts from industrial operations; the sponsor said the bill preserves remedies where a defendant actually controlled the conditions giving rise to a community-wide nuisance.
The roll call was 38 ayes and 8 nays; the president declared Senate Bill 1115 passed on final reading.
What it means: The bill narrows the statutory public-nuisance definition, emphasizing that lawful product manufacture and sale generally are not public nuisances unless the defendant controlled the conditions that created a community-wide harm. Supporters said the change conforms Oklahoma law to common-law principles and the state Supreme Court guidance.
