Bill No. 1115 amends existing laws regarding public nuisances in Oklahoma. It clarifies that the manufacturing, marketing, and selling of lawful products cannot be classified as a public nuisance. Additionally, it specifies that remedies for public nuisances include civil actions seeking injunctive or equitable relief, alongside traditional remedies like indictment or abatement. To establish liability in a public nuisance case, the court must determine that the defendant was in control of the conditions causing the nuisance at the time of the injury.
Furthermore, the bill modifies the criteria for private individuals to maintain an action for public nuisance. It stipulates that a private person can only pursue such an action if the court finds, by clear and convincing evidence, that the nuisance is the proximate cause of special injury to them. This change aims to ensure that only those who can demonstrate a direct and significant impact from the nuisance can seek legal recourse. The act is set to take effect on November 1, 2025.