Bill > HB1121

This bill modifies Oklahoma's public nuisance law by making several key changes to how public nuisances are defined and addressed. First, it explicitly states that manufacturing, marketing, or selling lawful products cannot be considered a public nuisance, providing protection for businesses. The bill also clarifies the remedies available for public nuisance cases, which include criminal prosecution (indictment), civil action seeking injunctive or equitable relief, and abatement. Importantly, to be found liable in a public nuisance action, a defendant must be proven to have been in control of the conditions causing the nuisance at the time of injury. Additionally, the bill changes the standard for private individuals bringing public nuisance lawsuits, requiring judges to determine by "clear and convincing evidence" that the nuisance directly caused special injury to the individual. These modifications appear designed to make it more difficult to bring public nuisance claims and to provide more protections for defendants. The bill will become effective on November 1, 2025, giving stakeholders time to understand and prepare for the new legal standards.

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http://www.oklegislature.gov/BillInfo.aspx?Bill=hb1121&Session=2600