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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Houston clean energy company to develop hybrid renewable project in Port Arthur

power project

Houston-based clean energy company Diligence Offshore Services has announced a strategic partnership with Florida-based floating solar manufacturing company AccuSolar for the development of a renewable energy project in the Port Arthur area.

Known as the Pleasure Island Power Collective, it will be built on 2,275 acres across Pleasure Island and Sabine Lake. It is expected to generate 391 megawatts of clean power, alongside a utility-scale battery energy storage system. It will also feature a 225-megawatt coastal onshore wind farm, with energy produced on-site used to power a data center for adaptive superintelligence, making it entirely self-sustained by renewable sources, according to the company.

AccuSolar will design and manufacture the project and power will be distributed through the Canaan Energy Corridor

“We are incredibly proud to partner with a fellow U.S. company like AccuSolar,” Harry C. Crawford III, founder and managing member of Diligence Offshore, said in a news release. “Their expertise in American manufacturing and floating solar technology is essential to the success of the Pleasure Island Power Collective.”

The project is expected to bring economic growth and a significant number of manufacturing jobs to the area during the construction phase and long-term operations.

Diligence Offshore is pursuing a DPA Title 1 DX rating under the Defense Production Act to help advance the project's development schedule, according to the release, which could lead to immediate manufacturing jobs.

“This partnership not only strengthens our domestic supply chain but also accelerates our vision to bring economic freedom and climate resilience to the Gulf Coast,” Crawford added in the release.

Houston organization proposes Gulf Coast index for hydrogen market

hydrogen index

The Clean Hydrogen Buyers Alliance has proposed an index aimed at bringing transparency to pricing in the emerging hydrogen market.

The Houston-based alliance said the Gulf Coast Hydrogen Index, based on real-time data, would provide more clarity to pricing in the global market for hydrogen. The benchmarking effort is being designed to benefit clean hydrogen buyers, sellers and investors. The index would help position the U.S. “as the trading anchor for hydrogen’s next chapter as a globally traded commodity,” the alliance said.

According to ResearchAndMarkets.com, the global market for clean hydrogen was valued at $200 billion in 2024 and is projected to reach $700 billion by 2040.

John Flory, president of the alliance, said the lack of a pricing index has relegated hydrogen to niche-market status.

“Capital is waiting. Buyers are ready. But until now, there’s been no credible, transparent pricing signal to guide clean hydrogen investing or contracting,” Edward Morse, co-chairman of the Clean Hydrogen Transaction Advisory Committee, said in a news release.

The index would treat the Gulf Coast as the primary delivery hub for pipeline-grade hydrogen in three categories: basic, low-carbon and ultra-low-carbon. It would be similar to the Henry Hub index for pricing of natural gas.

Roger Ballentine, co-chairman of the clean energy advisory committee, said the hydrogen index would build confidence in this energy source among government agencies, companies and investors. A Henry Hub-style benchmark for hydrogen “provides clarity, reduces risk, and lays the foundation for clean energy to become a globally traded commodity critical to decarbonization,” he said.

The Gulf Coast, with Texas as the focal point, is key to the evolution of the U.S. clean hydrogen economy, according to the Fuel Cell and Hydrogen Energy Association.

At the core of the Gulf Coast’s role is the U.S. Department of Energy's selection of the Gulf Coast as one of the country’s seven regional hubs for clean hydrogen. However, the DOE has proposed cutting funding for the HyVelocity Gulf Coast Hydrogen Hub, a $1.2 billion development in Texas and Louisiana by AES, Air Liquide, Chevron, ExxonMobil, MHI Hydrogen Infrastructure and Ørsted, according to a new list of proposed DOE funding cancellations.

2 Houston energy giants appear on Fortune’s inaugural AI ranking

AI Leaders

Two Houston-area energy leaders appear on Fortune’s inaugural list of the top adopters of AI among Fortune 500 companies.

They are:

  • No. 7 energy company ExxonMobil, based in Spring
  • No. 47 energy company Chevron, based in Houston

They are joined by Spring-based tech company Hewlett Packard Enterprise, No. `9.

All three companies have taken a big dive into the AI pool.

In 2024, ExxonMobil’s executive chairman and CEO, Darren Woods, explained that AI would play a key role in achieving a $15 billion reduction in operating costs by 2027.

“There is a concerted effort to make sure that we're really working hard to apply that new technology to the opportunity set within the company to drive effectiveness and efficiency,” Woods told Wall Street analysts.

At Chevron, AI tools are being used to quickly analyze data and extract insights from it, according to tech news website VentureBeat. Also, Chevron employs advanced AI systems known as large language models (LLMs) to create engineering standards, specifications and safety alerts. AI is even being put to work in Chevron’s exploration initiatives.

Bill Braun, Chevron’s chief information officer, said at a VentureBeat-sponsored event in 2024 that AI-savvy data scientists, or “digital scholars,” are always embedded within workplace teams “to act as a catalyst for working differently.”

The Fortune AIQ 50 ranking is based on ServiceNow’s Enterprise AI Maturity Index, an annual measurement of how prepared organizations are to adopt and scale AI. To evaluate how Fortune 500 companies are rolling out AI and how much they value AI investments, Fortune teamed up with Enterprise Technology Research. The results went into computing an AIQ score for each company.

At the top of the ranking is Alphabet (owner of Google and YouTube), followed by Visa, JPMorgan Chase, Nvidia and Mastercard. Aside from ExxonMobil, Hewlett Packard Enterprise, and Chevron, two other Texas companies made the list: Arlington-based homebuilder D.R. Horton (No. 29) and Austin-based software company Oracle (No. 37).

“The Fortune AIQ 50 demonstrates how companies across industry sectors are beginning to find real value from the deployment of AI technology,” Jeremy Kahn, Fortune’s AI editor, said in a news release. “Clearly, some sectors, such as tech and finance, are pulling ahead of others, but even in so-called 'old economy' industries like mining and transport, there are a few companies that are pulling away from their peers in the successful use of AI.

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This article originally appeared on InnovationMap.com.