ADVERTISEABOUT USSUBMIT A STORYSUBSCRIBETERMS OF USEPRIVACY POLICY
Visit our family of Brands

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

Japanese company launches solar module manufacturing at Houston-area plant

solar plant

A local subsidiary of a Japanese solar equipment manufacturer recently began producing solar modules at a new plant in Humble.

TOYO Co. Ltd.’s TOYO Solar LLC subsidiary can produce 1 gigawatt worth of solar modules per year at a 567,140-square-foot plant it leases in Lovett Industrial’s Nexus North Logistics Park on Greens Road. TOYO Solar’s next phase will accommodate 2.5 gigawatts’ worth of solar module manufacturing. The subsidiary eventually plans to expand manufacturing capacity to 6.5 gigawatts.

For now, TOYO Solar operates only one assembly line at the Humble plant. Once TOYO Solar has five assembly lines up and running, it could employ as many as 750 manufacturing workers there, according to Connect CRE.

TOYO says the plant enlarges its U.S. footprint “to be closer to the majority of its clients, meet the demand for American-made solar panels, and contribute to the growing demand for secure, sustainable energy solutions as demands on the grid continue to rise.”

Last month, TOYO purchased the remaining 24.99 percent stake in TOYO Solar to make it a wholly owned subsidiary. TOYO entered the Houston-area market through its 2024 acquisition of a majority stake in Solar Plus Technology Texas LLC.

Record $9.6M fine for Houston-based co. after Gulf of Mexico oil spill

In the news

Pipeline safety regulators on Monday, January 5, assessed their largest fine ever against the company responsible for leaking 1.1 million gallons of oil into the Gulf off the coast of Louisiana in 2023. But the $9.6 million fine isn’t likely to be a major burden for Third Coast to pay.

This single fine is close to the normal total of $8 million to $10 million in all fines that the Pipeline and Hazardous Materials Safety Administration hands out each year. But Third Coast has a stake in some 1,900 miles of pipelines, and in September, the Houston-based company announced that it had secured a nearly $1 billion loan.

Pipeline Safety Trust Executive Director Bill Caram said this spill “resulted from a company-wide systemic failure, indicating the operator’s fundamental inability to implement pipeline safety regulations,” so the record fine is appropriate and welcome.

“However, even record fines often fail to be financially meaningful to pipeline operators. The proposed fine represents less than 3% of Third Coast Midstream’s estimated annual earnings,” Caram said. “True deterrence requires penalties that make noncompliance more expensive than compliance.”

The agency said Third Coast didn't establish proper emergency procedures, which is part of why the National Transportation Safety Board found that operators failed to shut down the pipeline for nearly 13 hours after their gauges first hinted at a problem. PHMSA also said the company didn't adequately assess the risks or properly maintain the 18-inch Main Pass Oil Gathering pipeline.

The agency said the company “failed to perform new integrity analyses or evaluations following changes in circumstances that identified new and elevated risk factors” for the pipeline.

That echoed what the NTSB said in its final report in June, that “Third Coast missed several opportunities to evaluate how geohazards may threaten the integrity of their pipeline. Information widely available within the industry suggested that land movement related to hurricane activity was a threat to pipelines.”

The NTSB said the leak off the coast of Louisiana was the result of underwater landslides, caused by hazards such as hurricanes, that Third Coast, the pipeline owner, failed to address despite the threats being well known in the industry.

A Third Coast spokesperson said the company has been working to address regulators' concerns about the leak, so it was taken aback by some of the details the agency included in its allegations and the size of the fine.

“After constructive engagement with PHMSA over the last two years, we were surprised to see aspects of the recent allegations that we believe are inaccurate and exceed established precedent. We will address these concerns with the agency moving forward," the company spokesperson said.

The amount of oil spilled in this incident was far less than the 2010 BP oil disaster, when 134 million gallons were released in the weeks following an oil rig explosion, but it could have been much smaller if workers in the Third Coast control room had acted more quickly, the NTSB said.

40+ climatetech startups join Greentown, including a dozen from Houston

green team

More than 40 climatetech startups joined the Greentown Labs Houston community in the second half of 2025. Twelve hail from the Bayou City.

The companies are among a group of nearly 70 that joined the climatetech incubator, which is co-located in Houston and Boston, in Q3 and Q4.

The new companies that have joined the Houston incubator specialize in a variety of clean energy applications, from green hydrogen-producing water-splitting cycles to drones that service wind turbines.

The local startups that joined Greentown Houston include:

  • Houston-based Wise Energie, which delivers turnkey microgrids that blend vertical-axis wind, solar PV, and battery storage into a single, silent system.
  • The Woodlands-based Resollant, which is developing compact, zero-emissions hydrogen and carbon reactors to provide low-cost, scalable clean hydrogen and high-purity carbon for the energy and manufacturing sectors.
  • Houston-based ClarityCastle, which designs and manufactures modular, soundproof work pods that replace traditional drywall construction with reusable, low-waste alternatives made from recycled materials.
  • Houston-based WattSto Energy, which manufactures vanadium redox flow batteries to deliver long-duration storage for both grid-scale projects and off-grid microgrids.
  • Houston-based AMPeers, which delivers advanced, high-temperature superconductors in the U.S. at a fraction of traditional costs.
  • Houston-based Biosimo, which is developing bio-based platform chemicals, pioneering sustainable chemistry for a healthier planet and economy.
  • Houston-based Ententia, which offers purpose-built, generative AI for industry.
  • Houston-based GeoKiln Energy Innovation, which is developing a new way to produce clean hydrogen by accelerating natural geologic reactions in iron-rich rock formations using precision electrical heating.
  • Houston-based Timbergrove, which builds AI and IoT solutions that connect and optimize assets—boosting visibility, safety, and efficiency.
  • Houston-based dataVediK, which combines energy-domain expertise with advanced machine learning and intelligent automation to empower organizations to achieve operational excellence and accelerate their sustainability goals.
  • Houston-based Resonant Thermal Systems, which uses a resonant energy-transfer (RET) system to extract critical minerals from industrial and natural brines without using membranes or grid electricity.
  • Houston-based Torres Orbital Mining (TOM),which develops autonomous excavation systems for extreme environments on Earth and the moon, enabling safe, data-driven resource recovery and laying the groundwork for sustainable off-world industry.

Other startups from around the world joined the Houston incubator in the same time period, including:

More than 100 startups joined Greentown this year, according to an end-of-year reflection shared by Greentown CEO Georgina Campbell Flatter.

Flatter joined Greentown in the top leadership role in February 2025. She succeeded former CEO and president Kevin Knobloch, who stepped down in July 2024.

"I moved back to the United States in March 2025 after six years overseas—2,000 miles, three children, and one very patient husband later. Over these months, I’ve had the chance to hear from the entrepreneurs, industry leaders, investors, and partners who make this community thrive. What I’ve experienced has left me brimming with urgent optimism for the future we’re building together," she said in the release.

According to Flatter, Greentown alumni raised more than $2 billion this year and created more than 3,000 jobs.

"Greentown startups and ecosystem leaders—from Boston, Houston, and beyond—are showing that we can move further and faster together. That we don’t have to choose between more energy or lower emissions, or between increasing sustainability and boosting profit. I call this the power of 'and,'" Flatter added. "We’re working for energy and climate, innovation and scale, legacy industry and startups, prosperity for people and planet. The 'and' is where possibility expands."

View All Listings