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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2 Houston startups join Greentown Labs' BIPOC-led accelerator program

seeing green

Greentown Labs and Browning the Green Space announced the newest cohort for its Advancing Climatetech and Clean Energy Leaders Program, or ACCEL, which works to advance BIPOC-led startups in the climatetech space.

Two Houston companies and one from Austin are among the eight startups to be named to the 2025 group.

“The startups selected for the third ACCEL cohort represent a phenomenal range of energy and climatetech innovations, which underscores our belief that everyone and many solutions must play a role in our community’s collective decarbonization efforts,” Georgina Campbell Flatter, Greentown’s new CEO, said in a release. “We’re proud to welcome these entrepreneurs to our community and eager to see all they’ll achieve throughout the program and beyond!”

Each of the early-stage startups within the cohort will receive $25,000 in non-dilutive grant funding and participate in the year-long program focused on product and technology development, market development, fundraising and management, and team development, according to Greentown. The curriculum is led by VentureWell, a nonprofit with expertise in venture development in climatetech.

The Houston companies include:

  • Carbonext, founded by Olanrewaju Tanimola. The company is leveraging its proprietary, off-the-shelf 3D-graphene technology to develop integrated solutions with carbon-coated silicon anodes to address challenges in the graphite ecosystem, as well as lithium-battery anodes.
  • PLASENE, founded by Sohel Shaikh, Alper Gulludag and Romolo Raciti. The company offers an innovative platform that converts plastic waste into liquid fuel and low-carbon hydrogen through its proprietary catalysts and modular, scalable, pre-engineered units

The remaining six companies are:

  • Inductive Robotics, founded in Austin by Madhav Ayyagari and David Alspaugh. The startup deploys autonomous robots that deliver EV charging directly to parked vehicles in commercial parking facilities, using a subscription-based model.
  • Andros Innovations, founded in Cambridge, Massachusetts by Laron Burrows. The startup has developed a reactor that produces ammonia more cheaply, cleanly and safely than traditional methods do.
  • FAST Metals, founded in Worcester, Massachusetts by Sumedh Gostu and Anthony Staley. It has developed a hydrometallurgical-recovery process capable of extracting iron, aluminum, scandium, titanium, and other rare-earth elements from industrial tailings.
  • Respire Energy, founded in Boston by Dave Hsu, Xiaowei Teng, and Candy Wong. The energy storage startup has developed a safe, low-cost, and long-duration metal-air battery designed for microgrids.
  • Tato Labs, founded in Brooklyn by Mecca McDonald and Mia Dunn. It is developing scalable, innovative, bioplastic products and packaging solutions that leverage potato starch, protect and preserve the natural ecosystem, and minimize plastic waste.
  • Thola, founded in Portland, Maine, by Nneile Nkholise and Lerato Takana. The company provides an on-demand marketplace for commercial-building sustainability and safety management, with a mission to decarbonize old buildings.

ACCEL is supported by the Massachusetts Clean Energy Center (MassCEC), Shell, Equinor, the Growth Capital Division of MassDevelopment, Microsoft and the Barr Foundation.

The accelerator has supported 13 early-stage startups since it was founded in 2023, resulting in $325,000 in grant funding. Houston companies have been represented in each cohort. Click here to see the 2024 cohort and here to see the inaugural 2023 cohort.

Houston oil and gas producer expands into renewables, announces new Baytown facility

Renewables News

Houston American Energy Corp. (NYSE: HUSA), an oil and gas exploration and production company, has entered into a definitive agreement to acquire New York-based Abundia Global Impact Group LLC, which specializes in converting waste into high-value fuels and chemicals.

HUSA is expected to close on the AGIG acquisition early in the second quarter and says the deal aims to provide value through “innovation in the renewable energy sector,” according to a news release.

As part of the deal, HUSA will acquire 100% of AGIG’s issued and outstanding units. HUSA will also issue to AGIG’s members a number of shares of HUSA common stock that will equal 94 percent of HUSA’s aggregate issued and outstanding common stock at the time of the closing. The company also closed a $4.42 million registered direct offering in January.

“AGIG has developed a commercially ready project for converting waste into valuable fuels and chemicals, and this transaction gives HUSA shareholders a ready-made platform and project pipeline for future value generation,” Peter Longo, CEO of Houston American Energy Corp, said in a news release. “We are witnessing the growing momentum of the fuel and chemical industry’s transformation into alternative solutions like recycled chemical alternatives and the highly publicized sustainable aviation fuel market.”

AGIG will build its first advanced plastic recycling facility in the Cedar Port Industrial Park in the Baytown area of Houston. The facility will represent the first phase of a growth plan aimed at scaling AGIG’s technologies for producing renewable fuels and chemicals from waste, according to the company. The Cedar Port facility will serve as a hub for a five-year development plan and will be designed to scale production capacity.

"We are excited to use this platform to support the deployment and development of our suite of technologies that will assist in the evolution of fuel, chemical and waste markets, providing commercial alternatives and sustainable products,” AGIG CEO Ed Gillespie said in a news release.

Supreme Court confronts what to do with growing pile of nuclear waste

The Debate Continues

The Supreme Court will hear arguments Wednesday in a fight over plans to store nuclear waste at sites in rural Texas and New Mexico.President Joe Biden's administration and a private company with a license for the Texas facility appealed a ruling by the 5th U.S. Circuit Court of Appeals that found that the Nuclear Regulatory Commission exceeded its authority in granting the license. The outcome of the case will affect plans for a similar facility in New Mexico roughly 40 miles away.

On this issue, President Donald Trump's administration is sticking with the views of its predecessor, even with Texas Gov. Greg Abbott, a Republican ally of Trump, on the other side.

The push for temporary storage sites is part of the complicated politics of the nation’s so far futile quest for a permanent underground storage facility.

Here's what to know about the case.

Where is spent nuclear fuel stored now?

Roughly 100,000 tons of spent fuel, some of it dating from the 1980s, is piling up at current and former nuclear plant sites nationwide and growing by more than 2,000 tons a year. The waste was meant to be kept there temporarily before being deposited deep underground.

A plan to build a national storage facility northwest of Las Vegas at Yucca Mountain has been mothballed because of staunch opposition from most Nevada residents and officials.

The Nuclear Regulatory Commission has said that the temporary storage sites are needed because existing nuclear plants are running out of room. The presence of the spent fuel also complicates plans to decommission some plants, the Justice Department said in court papers.

Where would it go?

The NRC granted the Texas license to Interim Storage Partners LLC for a facility that could take up to 5,000 metric tons of spent nuclear fuel rods from power plants and 231 million tons of other radioactive waste. The facility would be built next to an existing dump site in Andrews County for low-level waste, such as protective clothing and other material that has been exposed to radioactivity. The Andrews County site is about 350 miles west of Dallas, near the Texas-New Mexico state line.

The New Mexico facility would be in Lea County, in the southeastern part of the state near Carlsbad. The NRC gave a license for the site to Holtec International.

The licenses would allow for 40 years of storage, although opponents contend the facilities would be open indefinitely because of the impasse over permanent storage.

Political opposition is bipartisan

Republicans and Democrats, environmental groups and the oil and gas industry all oppose the temporary sites.

Abbott is leading Texas' opposition to the storage facility. New Mexico Democratic Gov. Michelle Lujan Grisham also is opposed to the facility planned for her state.

A brief led by Republican Texas Sen. Ted Cruz on behalf of several lawmakers calls the nuclear waste contemplated for the two facilities an “enticing target for terrorists” and argues it's too risky to build the facility atop the Permian Basin, the giant oil and natural gas region that straddles Texas and New Mexico.

Elected leaders of communities on the routes the spent fuel likely would take to New Mexico and Texas also are opposed.

What are the issues before the court?

The justices will consider whether, as the NRC argues, the states forfeited their right to object to the licensing decisions because they declined to join in the commission’s proceedings.

Two other federal appeals courts, in Denver and Washington, that weighed the same issue ruled for the agency. Only the 5th Circuit allowed the cases to proceed.

The second issue is whether federal law allows the commission to license temporary storage sites. Opponents are relying on a 2022 Supreme Court decision that held that Congress must act with specificity when it wants to give an agency the authority to regulate on an issue of major national significance. In ruling for Texas, the 5th Circuit agreed that what to do with the nation’s nuclear waste is the sort of “major question” that Congress must speak to directly.

But the Justice Department has argued that the commission has long-standing authority to deal with nuclear waste reaching back to the 1954 Atomic Energy Act.