US judge will not block Biden rule on socially conscious investing
The U.S. Department of Justice and the offices of the attorneys general of Texas and Utah, who led the lawsuit, did not immediately respond to requests for comment.
A federal judge in Texas on Thursday rejected a bid by 25 states to block a Biden administration rule allowing employee retirement plans to consider environmental, social and governance (ESG) issues in investment decisions.
U.S. District Judge Matthew Kacsmaryk in Amarillo, Texas, declined to block the rule, which took effect Jan. 30. The judge granted a petition by President Joe Biden's administration to dismiss the Republican-led states' lawsuit claiming the rule will jeopardize millions of Americans' retirement savings.
Kacsmaryk in a 14-page opinion rejected the states' claim that the rule violates the federal law governing retirement plans. The rule still requires that financial considerations come first, and does not create "an overarching regulatory bias in favor of ESG strategies," the judge wrote.
The U.S. Department of Justice and the offices of the attorneys general of Texas and Utah, who led the lawsuit, did not immediately respond to requests for comment.
The decision will likely be appealed to a New Orleans-based federal appeals court. A subsidiary of oil drilling company Liberty Energy Inc (LBRT.N) and an oil and gas trade group are also plaintiffs in the case.
Congress in early March passed a Republican-backed resolution to repeal the rule. Biden, a Democrat, vetoed the proposal on March 20.
ESG investing involves weighing companies’ records on environmental, social justice and labor issues, as well as corporate governance matters such as board diversity and executive compensation, along with traditional financial considerations.
The rule, finalized in November, reversed restrictions adopted by former President Donald Trump's administration on considering ESG factors in making investment decisions. The rule covers plans that collectively invest $12 trillion on behalf of more than 150 million people.
The Biden administration has said the rule was needed to replace improper limitations on ESG investing imposed by the Trump administration, because issues such as climate change and social justice can impact companies' long-term financial health.
Kacsmaryk, a Trump appointee, in March rejected the Biden administration's claim that the states were improperly "judge shopping" by filing the lawsuit in Amarillo, where Kacsmaryk is the only judge.
Get Latest Business News, Stock Market Updates and Videos; Check your tax outgo through Income Tax Calculator and save money through our Personal Finance coverage. Check Business Breaking News Live on Zee Business Twitter and Facebook. Subscribe on YouTube.
RECOMMENDED STORIES
Retirement Planning: SIP+SWP combination; Rs 15,000 monthly SIP for 25 years and then Rs 1,52,000 monthly income for 30 years
Top Gold ETF vs Top Large Cap Mutual Fund 10-year Return Calculator: Which has given higher return on Rs 11 lakh investment; see calculations
Retirement Calculator: 40 years of age, Rs 50,000 monthly expenses; what should be retirement corpus and monthly investment
SBI 444-day FD vs Union Bank of India 333-day FD: Know maturity amount on Rs 4 lakh and Rs 8 lakh investments for general and senior citizens
EPF vs SIP vs PPF Calculator: Rs 12,000 monthly investment for 30 years; which can create highest retirement corpus
Home loan EMI vs Mutual Fund SIP Calculator: Rs 70 lakh home loan EMI for 20 years or SIP equal to EMI for 10 years; which can be easier route to buy home; know maths
08:16 AM IST