A business group is suing Texas over the so-called “anti-ESG law.” Photo via Getty Images

A progressive business group sued Texas on Thursday over a 2021 law that restricts state investments in companies that, according to the state, “boycott” the fossil fuel industry.

The American Sustainable Business Coalition filed suit against Attorney General Ken Paxton and Comptroller Glenn Hegar, alleging that the law, Senate Bill 13, constitutes viewpoint discrimination and denies companies due process, in violation of the First and Fourteenth Amendments. The group asked a federal judge in Austin to declare the statute unconstitutional and permanently block the state from enforcing it.

“Texas has long presented itself as a business-friendly state where limited state regulation facilitates the ability of businesses to conduct themselves as they see fit,” lawyers for the group wrote. “Yet in 2021, the Legislature passed SB 13 to coerce and punish businesses that have articulated, publicized, or achieved goals to reduce reliance on fossil fuels.”

Known as the “anti-ESG law” — which stands for “environmental, social and governance” — Senate Bill 13 requires state entities, including state pension funds and the enormous K-12 school endowment, to divest from companies that have reduced or cut ties with the oil and gas sector and that Texas officials deem antagonistic to the fossil fuel industry.

In approving the legislation, Republican officials looked to protect Texas oil and gas companies and to bite back at Wall Street investors pulling financial support from the industry in an effort to incorporate climate risk into their investments and respond to pressure to divest from fossil fuels, which play an outsized role in accelerating the climate crisis.

In March, Texas Permanent School Fund, Austin, cut ties with BlackRock, which managed roughly $8.5 billion of the $52.3 billion endowment and which was listed by Texas as one of the companies that should not handle state business.

The statute defines “boycott” as, “without an ordinary business purpose, refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations with” a fossil fuel company. It also prohibits state agencies from doing business with a firm unless it affirms that it does not boycott energy companies. And it charges the state comptroller with preparing and maintaining a blacklist of companies based on “publicly available information” and “written verification” from the company.

In a statement, Hegar, the comptroller, called the lawsuit an “absurd” attempt to “force the state of Texas and Texas taxpayers to invest their own money in a manner inconsistent with their values and detrimental to their own economic well-being.”

“This left-wing group suing Texas,” he said, “is hiding their true intent: to force companies to follow a radical environmental agenda that is often contrary to the interests of their shareholders and to punish those companies that do not fall into lockstep and put politics above earnings.”

Paxton’s office did not immediately reply to a request for comment.

Texas has blacklisted more than 370 investment firms and funds, including BlackRock and funds within major banks like Goldman Sachs and J.P. Morgan. BlackRock, among other companies, pushed back on its designation as “boycotting” fossil fuels, calling the decision “not a fact-based judgment” and citing over $100 billion in investments in Texas energy companies.

“Elected and appointed public officials have a duty to act in the best interests of the people they serve,” a BlackRock spokesperson said at the time. “Politicizing state pension funds, restricting access to investments, and impacting the financial returns of retirees, is not consistent with that duty.”

In Thursday’s suit, the American Sustainable Business Coalition argued that the physical and financial risks posed by climate change are a legitimate investment and business consideration and cause for efforts to reduce carbon emissions.

The group said the Texas law was enacted to go after what Republican lawmakers saw as a “burgeoning fossil fuel discrimination movement,” and that it effectively “infringes rights of free speech and association under a scheme of politicized viewpoint discrimination” and allows Texas officials to “punish companies they believe are insufficiently supportive of the fossil fuel industry.”

The group argued that the law penalizes companies for their energy policies and membership in certain business associations, and compels them to adopt positions that align with Texas officials “as a condition” of doing business with state entities.

The suit also alleged that the law violates companies’ right to due process because vagueness in the statute “encourages arbitrary enforcement” and fails to provide blacklisted companies a fair process to contest their designation.

Texas blacklisted “the flagship investment funds” of Etho Capital and Sphere, two climate-focused firms represented by the American Sustainable Business Coalition, according to the lawsuit.

“Among ASBC’s many projects are efforts to encourage sustainable investing and sustainable business practices,” the lawsuit reads. “These are all cornerstones of the modern Texas economy. Yet, SB 13 takes aim at, and punishes, companies that speak about, aspire to, and achieve this goal.”

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This story was originally published by The Texas Tribune and distributed through a partnership with The Associated Press.

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What to know this week: Houston energy transition SPAC IPOs, December events to attend, and more

taking notes

Editor's note: Dive headfirst into the new week with three quick things to catch up on in Houston's energy transition.

Events not to miss

Put these Houston-area energy-related events on your calendar.

Big deal: Houston energy transition SPAC goes public

Houston-based CO2 Energy Transition Corp., a SPAC focused on carbon capture, utilization, and storage (CCUS), raised $69 million in its IPO to target mid-sized CCUS companies. Photo via Getty Images

Houston-based CO2 Energy Transition Corp. — a “blank check” company initially targeting the carbon capture, utilization, and storage (CCUS) sector — closed November 22 on its IPO, selling 6 million units at $10 apiece.

“Blank check” companies are formally known as special purpose acquisition companies (SPACs). A SPAC aims to complete a merger, acquisition, share exchange, share purchase, reorganization or similar business combination in certain business sectors. CO2 Energy Transition will target companies valued at $150 million to $250 million. Read more.

Houston group secures contract for major clean ammonia project in Louisiana

Houston global engineering firm McDermott will design a Louisiana project to produce millions of tons of clean ammonia. Image via cleanhydrogenworks.com

Houston-headquartered McDermott has received a new contract on a Louisiana clean ammonia project.

Clean energy development company Clean Hydrogen Works tapped McDermott for the front-end engineering and design contract for the Ascension Clean Energy Project. ACE — located in Ascension Parish, Louisiana — is jointly developed by CHW with strategic shareholders ExxonMobil, Mitsui O.S.K. Lines, and Hafnia and is expected to initially produce 2.4 million metric tons per annum of clean ammonia and expand to total 7.2 million metric tons per annum production down the road.

"This collaboration further strengthens key competitive advantages of our project, including being a mega module capable site with ready infrastructure access to gas, shipping and CCS, an unmatched shareholder base with expertise in CCS and maritime transport, and an experienced team with demonstrated success in executing mega module projects,” Johnny Cook, CHW senior vice president of engineering, procurement, and construction, says. Read more.

Texas thrives as No. 1 best state for homesteading and gardening

lone star state

If social media is any indicator, homesteading has been one of the hottest trends of 2024. And Texas is leading the charge as the No. 1 best state for homesteading and gardening, according to a new report by First Saturday Lime.

Analysts at First Saturday Lime, an insect repellant company featured on Shark Tank, evaluated the "suitability for sustainable living" across all 50 states based on six factors: Climate, community interest (a.k.a online search trends), gardening resources, farmland costs, and others.

The Lone Star State led the nation with the most farms and ranches on the market and the highest total acreage for sale. As of the study's publication, there were 7,520 total properties for sale, spanning more than 2.19 million acres of land.

Texas also ranked favorably for its farmland affordability. The state came in at No. 9 nationally with its average farmland price coming out to $2,800 per acre, the report said.

For comparison, New Mexico (which ranked No. 11 overall) had the most affordable average price per acre of farmland at just $700 per acre. Massachusetts (No. 48) and Connecticut (No. 42), however, tied for the most expensive price per acre, at $14,300.

Among the three remaining categories in the study, Texas performed the worst for its "gardens on Yelp per capita" rank. The study calculated Texas has 0.30 gardening and community garden establishments on Yelp per capita, placing Texas at No. 49.

Meanwhile, Texas' historically hot weather meant it ranked No. 43 out of all 50 states in the "favorable climate" rank, and the state earned a middle-of-the-road No. 35 rank in the "search interest per capita" category.

"Homesteading and gardening are growing in popularity, but some states provide better opportunities than others," the report's author wrote. "Whether you're after fresh produce or the freedom of self-sufficiency, choosing the right state can make all the difference."

Following behind Texas to complete the top three best states for homesteading and gardening are Oregon (No. 2) and Washington (No. 3), two notoriously rainy West Coast states.

Meanwhile, three East Coast states ranked at the bottom of the list as the worst states for homesteading and gardening: Rhode Island (No. 50), New Jersey (No. 49), and Massachusetts (No. 48).

The top 10 best states for homesteading and gardening are:

  • No. 1 – Texas
  • No. 2 – Oregon
  • No. 3 – Washington
  • No. 4 – Vermont
  • No. 5 – Delaware
  • No. 6 – Arizona
  • No. 7 – Wyoming
  • No. 8 – Montana
  • No. 9 – Hawaii
  • No. 10 – Colorado

The study sourced its data from Yelp, Google Trends, and the UDSA to determine each state's ranking.

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This article originally ran on CultureMap.