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State attorneys general continue pushback against federal ESG labor rule (2024)

| Environmental, social, and corporate governance |
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| • What is ESG? • Enacted ESG legislation • Arguments for and against ESG • Opposition to ESG • Federal ESG rules • ESG legislation tracker • Economy and Society: Ballotpedia's weekly ESG newsletter |
January 23, 2024
Attorneys general from 26 states are opposing the implementation of the U.S. Department of Labor’s rule permitting ESG considerations in Employee Retirement Income Security Act (ERISA)-governed pension plans in court. The states filed an appeal late last week seeking to reverse the dismissal of their case:
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Plaintiffs led by 26 Republican attorneys general filed an appeal to request the U.S. 5th Circuit Court of Appeals reverse a district court ruling on the 2022 Department of Labor rule that permits environmental, social and governance factors to be considered when selecting retirement plan investments. The appeal, filed on January 18, challenges the September 2023 dismissal of their initial complaint that had challenged the legality of the ESG rule put in place by the DOL under the administration of President Joe Biden. The brief requests oral arguments before the 5th Circuit, which hears appeals for decisions made in Louisiana, Mississippi and Texas, including the U.S. District Court for the Northern District of Texas, where the attorneys general filed their initial case. Joining state officials in the appeal were a fossil-fuel company, a fossil-fuel advocacy group and a Manhattan Institute scholar, all plaintiffs in the initial case. … The AGs’ brief also argues that U.S. District Judge Matthew Kacsmaryk, the only judge in the Amarillo Division of the Northern District of Texas, a jurisdiction chosen by the appellants when filing the initial complaint, was mistaken in not finding the 2022 rule arbitrary and capricious.[1] |
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See also
- Environmental, social, and corporate governance (ESG)
- Economy and Society: Ballotpedia's ESG newsletter
External links
Footnotes
- ↑ Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
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