Yesterday, the American Sustainable Business Council filed a lawsuit challenging the constitutionality of Texas anti-ESG law SB13. Since the law went into effect in 2021, Texas public entities have been forced to divest from financial institutions that practice responsible investing, costing the state nearly $700 million in lost economic activity and 3,000 lost full-time jobs, according to research from the Texas Association of Business.
The lawsuit comes after Oklahoma district court Judge Sheila Stinson permanently banned a similar anti-ESG law in the state in July.
- Oklahoma’s Energy Discrimination Elimination Act (EDEA), passed in 2022, placed some of the world’s largest financial institutions on a blacklist for contracts with state agencies and political subdivisions, including BlackRock, Wells Fargo, JPMorgan Chase, and Bank of America.
- A study commissioned by the Oklahoma Rural Association in April found that municipalities incurred an estimated $184.7 million in additional expenses in the first 17 months of the EDEA’s implementation.
- The law was banned after significant criticism from local organizations and even teachers.
This Texas law now faces a similar fate. The research is clear: anti-ESG bills are efforts to line the pockets of oil and gas CEOs at the expense of taxpayers.
- Governor Greg Abbott and Attorney General Ken Paxton, who have championed and fought to uphold these laws, have taken at least $57 million in combined lifetime campaign contributions from the oil and gas industry.
- A study from the Waco-based Perryman Group shows the state’s recent divestment in companies over their stance on fossil fuels could cost Texas as much as $821 million and nearly 8,800 jobs by the end of the year.
- Over the next 30 years, anti-responsible investing laws in Texas have the potential to cost taxpayers $22 billion in higher interest rates and fees.
- Recent polling reveals 83% of Texans say it’s not the government’s role to tell private financial institutions how to invest their customers’ money. In addition, 72% of Texas voters believe leaders in Texas have become less focused on fixing real problems and more focused on pushing an extreme agenda.
- Earlier this year, Bloomberg reported numerous banned funds have oil and gas investments, showcasing the deep flaws in Texas’ law.
Read more about the lawsuit:
- Dallas Morning News: Business group sues to strike Texas’ anti-ESG investment ban
- Houston Chronicle: Business group sues over Texas law targeting companies for fossil fuel boycotts
- Texas Tribune: Group sues Texas over law banning state business with firms “boycotting” fossil fuels
- Politico: Group sues to block Texas anti-ESG law
- Reuters: Texas is sued over anti-ESG law
- Bloomberg: Texas Officials Sued Over Anti-ESG Law Targeting Wall Street
- The Bond Buyer: Constitutional challenge to Texas anti-ESG law filed in federal court
- E&E: Texas anti-ESG law faces First Amendment challenge
- ESG Dive: American Sustainable Business Council sues Texas over anti-ESG law