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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Rice, UH launch joint effort to accelerate plastics recycling solutions

plastics partnership

Institutes at two Houston universities are joining forces to help position the city as a global leader in plastics recycling innovation.

The Center for Energy Studies (CES) at Rice University’s Baker Institute for Public Policy and the University of Houston’s Energy Transition Institute (UH-ETI) have announced a strategic partnership that aims to develop real-world solutions for plastic recycling.

The universities will kick off the new initiative with the Annual Sustainability Summit: Innovations and Collaborations in Circularity & Supply Chain Resilience event April 22 at the Baker Institute.

“Houston sits at the center of the global plastics and petrochemical value chain, which makes it uniquely positioned to lead in circular solutions,” Rachel Meidl, deputy director of CES, said in a news release. “This partnership is about moving beyond theory and bringing together data, policy and industry insight to accelerate technologies and frameworks that can scale.”

The partnership—which was made official during CERAWeek—will integrate policy, economics, science and engineering. The universities will work to “share data, insights, networks and connections to advance global work in protecting the environment, economy and society,” according to a news release from Rice.

Initially, the universities will focus on evaluating scalable advanced recycling pathways, developing policy frameworks to improve plastics circularity, analyzing emerging technology and using industry stakeholders for deployment.

Plastics circularity aligns with Rice and UH’s energy transition efforts to advance a circular economy. UH's ETI recently published a white paper that analyzes how the U.S. currently handles plastics recycling and advocates for a new approach. Ramanan Krishnamoorti, author of the paper and vice president of energy and innovation at UH, said the partnership with Rice’s Baker Institute could help bring some of the ideas outlined in the paper to reality.

“Our research has shown that a uniform approach may be the best way for the U.S. to tackle plastic waste,” Krishnamoort said in a news release. “By partnering with Rice’s Baker Institute for Public Policy, we will be better positioned to deliver real-world solutions that advance a circular plastics economy.”

Fervo Energy adds former eBay CEO Meg Whitman, other leaders to board

power players

As it prepares for a highly anticipated IPO, Houston-based geothermal power provider Fervo Energy has added four heavyweights to its board of directors.

The most notable new board member is Meg Whitman, former CEO of eBay, Hewlett-Packard, and Spring-based HPE, and former U.S. ambassador to Kenya. She joined the Fervo board as lead independent director.

One of the other high-profile new board members at Fervo is Jessica Uhl. She was chief financial officer of Shell from 2017 to 2022 and spent a little over a year as president of GE Vernova, a GE energy spinoff. She is a former board member of GE, Goldman Sachs and Shell. Today, Uhl advises investment firms on energy matters.

Another energy industry veteran, Trey Lowe, also joined the Fervo board. Lowe is senior vice president and chief technology officer at oil and gas producer Devon Energy, a Fervo investor that’s moving its headquarters from Oklahoma City to Houston. Before Devon, Lowe worked in the U.S. and Norway for Houston-based energy technology company SLB.

The fourth new director at Fervo is Robert Keehan, who spent 37 years at professional services firm PwC. He most recently was PwC’s chief global auditor and earlier was a partner in the firm’s energy practice.

Keehan and Uhl will serve as independent directors, which are non-executive governance and oversight roles, while Lowe is a non-independent director, which is a more hands-on role.

With the four new directors, Fervo has seven board members.

The arrival of the four new board members comes at a monumental time for Fervo, a provider of utility-scale geothermal energy:

“Energy markets are demanding dependable, carbon-free power at an unprecedented scale, and Fervo is uniquely positioned to supply it,” Tim Latimer, co-founder and CEO of Fervo, said in December.

8 Houston companies earn CleanTech Breakthrough Awards

winner, winners

Eight cleantech companies with Houston headquarters were recognized in this year’s CleanTech Breakthrough Awards program.

CleanTech Breakthrough, part of market intelligence platform Tech Breakthrough, honors innovative and influential energy, climate, and cleantech companies, products and services.

This year’s winners from Houston are:

  • CleanTech Analytics Company of the Year: Amperon, a provider of AI-powered energy forecasting software
  • Overall Hydrogen Solution of the Year: Eclipse Energy, which converts maxed-out oilfields into low-cost sources of hydrogen
  • Energy Production Company of the Year: Fervo Energy, a provider of geothermal power
  • Production Solution of the Year: Quaise Energy, a developer of a drilling system for converting traditional power stations into geothermal energy plants
  • Green Materials Solution of the Year: Solidec, which uses air, water, and electricity to produce chemicals
  • Hydrogen Production Solution of the Year: VEMA Hydrogen, a producer of renewable hydrogen
  • CleanTech Analytics Innovation Award: Finland-based Wärtsilä, a provider of advanced energy storage systems and services, which maintains its U.S. headquarters in Houston
  • Energy Production Platform of the Year: France-based energy giant TotalEnergies, which maintains its U.S. headquarters in Houston

Other Texas companies made the list, including Austin-headquartered Base Power, founded by Justin Lopas and Zach Dell. Zach Dell is the son of Austin billionaire and Houston native Michael Dell, chairman and CEO of Dell Technologies. The company recently started servicing Houston and established an office in Katy.

CleanTech Breakthrough says its annual awards program honors “the visionaries and leaders accelerating the transition to a cleaner, more sustainable future.”

“In a world increasingly focused on sustainability and environmental responsibility, innovation in clean technology has never been more critical,” said Bryan Vaughn, managing director of CleanTech Breakthrough. “This year’s winners represent the very best in ingenuity and execution, delivering solutions that not only reduce environmental impact but also drive efficiency, scalability and real-world results.”

See the full list of the 2026 winners here.