Group sues Texas over law banning state business with firms 'boycotting' fossil fuels

shut it down

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.”

———

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

Ad Placement 300x100

Ad Placement 300x600

CultureMap Emails are Awesome

Property Showcase

TotalEnergies strikes $1B federal deal to exit offshore wind sector

canceled projects

TotalEnergies, a French company whose U.S. headquarters is in Houston, has agreed to redirect nearly $930 million in capital from two offshore wind leases on the East Coast to oil, natural gas and liquefied natural gas (LNG) production.

In its agreement with the U.S. Department of the Interior, TotalEnergies has also promised not to develop new offshore wind projects in the U.S. “in light of national security concerns,” according to a department press release.

Federal agency hails ‘landmark agreement’

The Department of the Interior called the deal a “landmark agreement” that will steer capital “from expensive, unreliable offshore wind leases toward affordable, reliable natural gas projects that will provide secure energy for hardworking Americans.”

Renewable energy advocates object to what they believe is the Trump administration’s mischaracterization of offshore wind projects.

Under the Department of the Interior agreement, the federal government will reimburse TotalEnergies on a dollar-for-dollar basis for the leases, up to the amount that the energy company paid.

“Offshore wind is one of the most expensive, unreliable, environmentally disruptive, and subsidy-dependent schemes ever forced on American ratepayers and taxpayers,” Interior Secretary Doug Burgum said in the announcement. “We welcome TotalEnergies’ commitment to developing projects that produce dependable, affordable power to lower Americans' monthly bills while providing secure U.S. baseload power today — and in the future.”

TotalEnergies cites U.S. policy in move away from U.S. wind power

In the news release, Patrick Pouyanné, chairman and CEO of TotalEnergies, says the company was “pleased” to sign the agreement to support the Trump administration’s energy policy.

“Considering that the development of offshore wind projects is not in the country’s interest, we have decided to renounce offshore wind development in the United States, in exchange for the reimbursement of the lease fees,” Pouyanné says.

TotalEnergies redirects capital to LNG, oil, and natural gas

TotalEnergies will use the $928 million it spent on the offshore wind leases for development of a joint venture LNG plant in the Rio Grande Valley, as well as for production of upstream oil in the Gulf of Mexico and for production of shale gas.

“These investments will contribute to supplying Europe with much-needed LNG from the U.S. and provide gas for U.S. data center development. We believe this is a more efficient use of capital in the United States,” Pouyanné says.

TotalEnergies paid $133.3 million for an offshore wind lease at the Carolina Long Bay project off the coast of North Carolina and $795 million in 2022 for a lease covering a 1,545-megawatt commercial offshore wind facility off the coast of New Jersey.

“TotalEnergies’ studies on these leases have shown that offshore wind developments in the United States, unlike those in Europe, are costly and might have a negative impact on power affordability for U.S. consumers,” TotalEnergies said in a company-issued press release. “Since other technologies are available to meet the growing demand for electricity in the United States in a more affordable way, TotalEnergies considers there is no need to allocate capital to this technology in the U.S.”

Since 2022, TotalEnergies has invested nearly $12 billion to promote the development of oil, LNG, and electricity in the U.S. In 2025, TotalEnergies was the No. 1 exporter of LNG from the U.S.

Industry groups push back on offshore wind pullback

The American Clean Energy Association has pushed back on the Trump administration’s characterization of offshore wind projects.

“The offshore wind industry creates thousands of high-quality, good-paying jobs, and is revitalizing American manufacturing supply chains and U.S. shipyards,” Jason Grumet, the association’s CEO, said in December after the Trump administration paused all leases for large-scale offshore wind projects under construction in the U.S. “It is a critical component of our energy security and provides stable, domestic power that helps meet demand and keep costs low.”

Grumet added that President Trump’s “relentless attacks on offshore wind undermine his own economic agenda and needlessly harm American workers and consumers.” He called for passage of federal legislation that would prevent the White House “from picking winners and losers” in the energy sector and “placing political ideology” above Americans’ best interests.

The National Resources Defense Council offered a similar response to the offshore wind leases being paused.

“In its ongoing effort to prop up waning fossil fuels interests, the administration is taking wilder and wilder swings at the clean energy projects this economy needs,” said Pasha Feinberg, the council’s offshore wind strategist. “Investments in energy infrastructure require business certainty. This is the opposite. If the administration thinks the chilling impacts of this action are limited to the clean energy sector, it is sorely mistaken.”

Houston scientists' breakthrough moves superconductivity closer to real-world use

energy breakthrough

University of Houston researchers have set a new benchmark in the field of superconductivity.

Researchers from the UH physics department and the Texas Center for Superconductivity (TcSUH) have broken the transition temperature record for superconductivity at ambient pressure. The accomplishment could lead to more efficient ways to generate, transmit and store energy, which researchers believe could improve power grids, medical technologies and energy systems by enabling electricity to flow without resistance, according to a release from UH.

To break the record, UH researchers achieved a transition temperature 151 Kelvin, which is the highest ever recorded at ambient pressure since the discovery of superconductivity in 1911.

The transition temperature represents the point just before a material becomes superconducting, where electricity can flow through it without resistance. Scientists have been working for decades to push transition temperature closer to room temperature, which would make superconducting technologies more practical and affordable.

Currently, most superconductors must be cooled to extremely low temperatures, making them more expensive and difficult to operate.

UH physicists Ching-Wu Chu and Liangzi Deng published the research in the Proceedings of the National Academy of Sciences earlier this month. It was funded by Intellectual Ventures and the state of Texas via TcSUH and other foundations. Chu, founding director and chief scientist at TcSUH, previously made the breakthrough discovery that the material YBCO reaches superconductivity at minus 93 K in 1987. This helped begin a global competition to develop high-temperature superconductors.

“Transmitting electricity in the grid loses about 8% of the electricity,” Chu, who’s also a professor of physics at UH and the paper’s senior author, said in a news release. “If we conserve that energy, that’s billions of dollars of savings and it also saves us lots of effort and reduces environmental impacts.”

Chu and his team used a technique known as pressure quenching, which has been adapted from techniques used to create diamonds. With pressure quenching, researchers first apply intense pressure to the material to enhance its superconducting properties and raise its transition temperature.

Next, researchers are targeting ambient-pressure, room-temperature superconductivity of around 300 K. In a companion PNAS paper, Chu and Deng point to pressure quenching as a promising approach to help bridge the gap between current results and that goal.

“Room-temperature superconductivity has been seen as a ‘holy grail’ by scientists for over a century,” Rohit Prasankumar, director of superconductivity research at Intellectual Ventures, said in the release. “The UH team’s result shows that this goal is closer than ever before. However, the distance between the new record set in this study and room temperature is still about 140 C. Closing this gap will require concerted, intentional efforts by the broader scientific community, including materials scientists, chemists, and engineers, as well as physicists.”

Energy expert: What record heat and extended summers mean for Texans

guest column

Earth’s third-warmest year on record occurred in 2025, reinforcing a decades-long pattern of rising global temperatures. This warming trend is increasingly reflected in regional weather patterns across the United States, particularly in Texas, where hotter summers, prolonged droughts, and heavier rainfall events are becoming more common.

A 2024 report from Texas A&M University highlights how these shifts are already reshaping weather conditions across the Lone Star State. The assessment analyzes climate and weather data from 1900 through 2023 and projects likely trends through 2036.

Its findings suggest that extreme weather in Texas is not only increasing but also becoming more hazardous for communities, infrastructure, and the economy.

A Rise in Extreme Heat
One of the most dramatic changes is the increasing frequency of extreme heat events. Summer temperatures in Texas have climbed back to levels not seen since the early 20th century, and projections suggest they will exceed those historic highs within the next decade.

Triple-digit temperatures are becoming far more common. In the 1970s and 1980s, most parts of Texas experienced relatively few days above 100°F in a typical year. By 2036, those days are expected to occur about four times as often, especially across North, Central, and West Texas.

Houston reflects that broader trend. Five of the 10 years with the most 100-degree days on record in the city have occurred since 2000, according to records dating back to the late 1880s.

The summer of 2023 was Houston’s hottest on record, surpassing even the historic heat of 2011. While short-term cold snaps still occur, climate data suggests extreme summer heat will become more frequent in the years ahead.

Heat waves are also starting earlier in the year and lasting longer. As of 2024, the average length of heat-wave season in the United States has increased by 46 days since the 1960s. Their frequency has also increased steadily, rising from an average of two heat waves per year in the 1960s to about six per year in the 2010s and 2020s.

Energy Grid Strain
Heat waves occurring earlier in the year and more intensely place increasing pressure on the state’s electricity system. When temperatures spike early in the summer, households and businesses simultaneously increase air-conditioning use, pushing electricity demand close to record levels.

In recent summers, record-breaking electricity demand has repeatedly tested grid capacity. Energy experts warn that if heat extremes continue to intensify, maintaining grid reliability will require expanded generation capacity, improved energy efficiency, and greater integration of renewable energy and battery storage. Fortunately, Texas has already made strides in these areas of concern.

Texas continues to lead the nation in clean energy adoption and grid modernization, particularly in wind and solar power. With more than 40,000 megawatts (MW) of wind capacity, the state ranks first in the country in wind-powered electricity generation, supplying up to 35% when blowing and as low as 0%. Much of this growth was driven by the state’s Renewable Portfolio Standard (RPS), which requires utility companies to develop renewable energy in proportion to their market share. The policy originally set a goal of generating 10,000 MW of renewable capacity by 2025, but Texas surpassed this target years ahead of schedule due to rapid investment and expansion.

Solar energy is also growing quickly. Texas has officially overtaken California as the country’s. leader in utility-scale solar, according to recently released data from the U.S. Energy Information Administration. With over 37 GW of capacity, Texas now leads in new solar installations, supported by large-scale solar farm development and favorable policies that continue to diversify the state’s energy mix.

To build a more resilient and cost-effective power system, Texas is working to integrate wind and solar generation while strengthening grid reliability. Efforts include regulatory reforms, mandates for improved power infrastructure, and the deployment of renewable energy storage solutions. A recent report from the Solar Energy Industries Association indicates that Texas is on track to surpass California this year as the nation’s leader in energy storage capacity, driven largely by the rapid growth of battery storage facilities across the state. Alongside renewable expansion, the state also added 3,410 MW of natural gas–fueled power in 2024 to support growing electricity demand.

Economic Consequences
Extreme heat also has measurable economic impacts. For every 1-degree increase in the average summer temperature, Texas’ annual nominal GDP growth rate slows by about 0.4 percentage points. Because Texas already experiences hotter summers than most of the country, rising temperatures affect the state’s economic growth about twice as much as they do in the rest of the United States. Additional warming compounds the strain on productivity, infrastructure, and energy costs.

Some industries are more sensitive to heat than others. Construction, agriculture, manufacturing, and outdoor services often experience productivity losses during prolonged heat waves.

The effects were already visible during the record-breaking summer of 2023, when cities such as Houston, Dallas, and El Paso experienced prolonged stretches of triple-digit temperatures. Surveys conducted by the Federal Reserve Bank of Dallas found that roughly one-quarter of businesses responding to the Texas Business Outlook Surveys reported reduced revenue or production because of the heat.

The hardest-hit sector was leisure and hospitality, where outdoor activities and tourism often decline during extreme temperatures. However, businesses across manufacturing, retail, and services also reported disruptions.

Environmental and Infrastructure Stress
In addition to heat, there are growing risks related to drought, wildfire conditions, and urban flooding.

Extended heat waves tend to worsen drought conditions by increasing evaporation and reducing soil moisture. Lower water levels in lakes and reservoirs can lead to water restrictions for cities and agricultural producers, especially in regions that rely heavily on surface water supplies.

Dry conditions also increase the likelihood of wildfires, particularly across West Texas and the Hill Country. Strong winds, dry vegetation, and extreme heat can quickly turn small fires into fast-moving blazes that threaten homes, infrastructure, and ecosystems.

At the same time, Texas is experiencing an increase in severe rainfall events, which can overwhelm drainage systems in rapidly growing urban areas. Cities with large amounts of pavement and development are especially vulnerable to flash flooding when heavy rain falls in short bursts.

Along the Gulf Coast, rising sea levels are adding another layer of risk. Communities near Galveston Bay and other low-lying coastal areas face increasing threats from storm surge and high-tide flooding.

Preparing for a Hotter Future
Climate experts emphasize that over the next decade, Texans are likely to face more frequent heat waves, higher energy demand, and greater environmental stress.

Adapting to these changes will require a range of responses, including strengthening infrastructure, expanding water management strategies, improving urban planning, and enhancing emergency preparedness for extreme heat and flooding.

While the challenges are significant, understanding these trends now gives policymakers, businesses, and communities time to prepare. As the state’s population and economy continue to grow, resilience to extreme weather is an increasingly important priority for Texas in the years ahead.

———

Sam Luna is director at BKV Energy, where he oversees brand and go-to-market strategy, customer experience, marketing execution, and more.

View All Listings

ENERGYCAPITALHTX EMAILS ARE AWESOME