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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Tesla, Houston City College to receive millions for workforce training

texas talent

Gov. Greg Abbott announced $1.73 million in workforce training grants for the Houston and Rio Grande Valley regions late last month, with the bulk of the funding heading toward Houston.

The funding comes through the Skills Development Fund (SDF) grant program from the Texas Workforce Commission. The grants will help train 689 current and new workers in technology, manufacturing, technology, logistics and other fields in high demand.

Three grants totaling $1.56 million will go to Houston City College to develop training programs for 602 Houston-area workers.

The largest grant, totaling $782,998, will go toward training 261 employees for Tesla Inc. as welders, maintenance technicians, process technicians and other jobs. In addition to Tesla’s $200 million megafactory in Brookshire, Texas, the electric vehicle company is also considering building a $10.1 billion solar cell manufacturing facility in Fort Bend County called Project Sun City. The company recently expanded its self-driving Robotaxi service throughout 610 Loop and northwest Houston.

A second grant of $690,044 will go toward training 300 workers at Texas Tissue LLC and Karsten Management LLC as frontline supervisors, production line operators, design specialists and maintenance technicians. An allocation of $83,963 will go toward training 41 workers at Watchfire Signs LLC as production supervisors, operations specialists, industrial maintenance technicians, and more.

According to HCC, its Corporate Training and Development will coordinate the program in partnership with the college’s Advanced Manufacturing Center of Excellence Southwest and the Material Science Center of Excellence Welding Department.

“These grants demonstrate how state agencies, employers and Houston City College can work together to meet evolving workforce needs, strengthen Texas businesses and create meaningful opportunities for workers,” HCC Chancellor Margaret Ford Fisher said in a news release.

TWC granted an additional $169,087 to Workforce Solutions Lower Rio Grande Valley to train 87 workers at Denso Ten America Limited, Alps Logistics (USA) Inc., Index Fresh Inc. and Emerson Electric Co.

“When we align local training directly with the needs of expanding industries, we strengthen the regional economy,” TWC Chairman Joe Esparza said in the news release. “These Skills Development Fund grants empower Houston City College and Workforce Solutions Lower Rio Grande Valley to provide the specialized, high-demand training that employers need to succeed right here in Texas.”

Texas A&M wins $5.4M DOE grant for advanced nuclear fuel research

fresh funding

The U.S. Department of Energy has awarded Texas A&M Engineering Experiment Station (TEES) a $5.4 million grant to research ways to turn nuclear waste into fuel.

The goal of the project, “Turning Nuclear Waste into Fuel with a Thorium Molten Salt Reactor,” is to develop innovative reactor fuel technology that could help transform long-lived nuclear waste into a valuable energy resource while advancing the future of nuclear power, according to Texas A&M.

Lin Shao, a Texas A&M professor of nuclear engineering, will lead the project and unite researchers from TEES, Savannah River National Laboratory and Abilene, Texas-based nuclear power company Natura Resources. The team will use experimental testing, fuel preparation, reactor design and computational modeling in their work.

“Texas A&M Engineering is honored to receive this support from the Department of Energy to advance groundbreaking nuclear energy technologies,” Robert H. Bishop, vice chancellor and dean of Texas A&M Engineering and director of TEES, said in a news release. “This research aligns directly with our mission to solve the nation’s most pressing engineering challenges through innovation and collaboration. We have an opportunity to develop solutions that reduce nuclear waste, improve energy reliability and help maintain American leadership in advanced nuclear technologies.”

Texas A&M’s award is part of the DOE's Advanced Research Projects Agency-Energy (ARPA-E) $50 million advancement for next-generation nuclear fuels through the High-performance Optimized Recycled Nuclear Isotopes for Gen IV reactors (HORNIG) program. Texas A&M was one of eight projects selected as part of the ARPA-E efforts.

“America’s energy future depends on bold innovation and strong partnerships between the federal government, national laboratories, universities and industry,” U.S. Deputy Secretary of Energy James P. Danly said when he awarded the grant on campus Oct. 29. “This project demonstrates how we can address long-term nuclear waste challenges while advancing technologies that strengthen our nation’s energy security. The Department of Energy is proud to support research that has the potential to unlock new value from existing nuclear materials and accelerate the deployment of advanced reactor systems.”

Zero-emission electric air taxi network to land in Texas in 2027

Electric Travel

San Jose, California-based aerospace company Archer Aviation is bringing its air-taxi system to the “Texas triangle” of Houston, Austin and Dallas-Fort Worth.

Currently, the planned zero-emission electric air taxi networks will use Archer’s Midnight air taxi to “turn 60- to 90-minute drives to major airports, business districts and major destinations into 10- to 20-minute flights,” the company said in a news release. Archer plans to begin flights in the Texas triangle next year.

The Midnight air taxi is an all-electric vertical takeoff and landing (eVTOL) aircraft. It can carry four passengers and a pilot and is designed for consecutive flights of about 20 miles.

Archer cites the Texas triangle as one of the busiest and fastest-growing “megaregions” in the country due to its proximity to coastal regions, major airports, and a number of business districts.

Archer Chief Commercial Officer Nikhil Goel described the air taxi experience to CW Houston as “100 times quieter than a helicopter for the price of an Uber Black.” He added that the air taxis are a combination of a helicopter, a small airplane and a drone.

In Houston, Archer’s air taxi network will aim to connect George Bush Intercontinental, William P. Hobby and Sugar Land Regional Airport with downtown destinations, including the Thompson Hotel helipad, and Galveston.

In Austin, it plans to link the city's Austin-Bergstrom International Airport and Austin Executive Airport with the F1 Circuit Helipad at the Circuit of the Americas. Archer debuted its Midnight aircraft at the F1 Prix in the Fan Zone and the F1 Paddock at Austin’s COTA.

The Dallas-Fort Worth network is slated to include Dallas-Fort Worth International Airport, Dallas Love Field, Addison Airport, Arlington Municipal Airport, Fort Worth Meacham International Airport and Perot Field Fort Worth Alliance Airport, plus major business hubs like Frisco Station.

“Texas is setting the bar for America’s leadership in the next generation of aviation,” Adam Goldstein, founder and CEO of Archer Aviation, said in the release. “Our planned networks will make the benefits of electric air taxis real for Texans — trading hours in traffic for minutes in the air, while connecting the biggest airports, business districts and sporting hubs in ways that America’s largest megaregion needs to grow.”

Archer is working with state and local partners to develop charging infrastructure and plans to pursue Texas operations through the White House’s eVTOL Integration Pilot Program, according to the release. It recently completed its "No Roads" flight tour, which included multiple flights over the San Francisco Bay, and flew to seven cities over three days.

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This article first appeared on InnovationMap.com.