Biden ESG rule survives challenge from 25 red states
A federal judge sided with the Biden administration Thursday on an administration rule that would allow retirement advisers to include climate and environmental factors in their calculations.
In the ruling, Judge
Kacsmaryk's 14-page ruling rejects the red states' argument that the environmental and sustainable governance (ESG) rule violates the Administrative Procedure Act and the Employment Retirement Income Security Act, which regulates retirement plans. He wrote that the Biden administration rule still complies with those statutes, because it prioritizes financial considerations over environmental ones and thus has no "overarching regulatory bias in favor of ESG strategies."
"[W]hile the Court is not unsympathetic to Plaintiffs' concerns over ESG investing trends, it need not condone ESG investing generally or ultimately agree with the Rule to reach this conclusion," he wrote.
The Biden administration had earlier sought to move the lawsuit to
Paxton hailed the decision at the time as "an important victory in my ongoing fight to protect
ESG investing and regulations at the federal and state level have become a major target of
Earlier this year,
"We are disappointed by the judge's decision. Together with 25 other states, we filed this suit to ensure that the
"We are evaluating next steps, including potential appeal. We will continue to fight on all fronts to protect the interests of investors and all Utahns against the ESG agenda," they added.
The Hill also reached out to Paxton's office for comment.
Close Modal
Suggest a Correction
Unlock the Secrets to a Successful Travel Insurance Claim
Why the US job market has defied rising interest rates and expectations of high unemployment
Advisor News
Annuity News
Health/Employee Benefits News
Life Insurance News