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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9 carbontech startups named to Greentown Labs accelerator program

new cohort

A carbon innovation initiative in collaboration with Greentown Houston has named its new cohort.

The Carbon to Value Initiative (C2V Initiative) — a collaboration between NYU Tandon School of Engineering's Urban Future Lab (UFL), Greentown Labs, and Fraunhofer USA — has named nine startup participants for the fourth year of its carbontech accelerator program.

"Once again, the C2V Initiative has been able to select some of the most promising carbontech startups through a very competitive process with a 7 percent acceptance rate," Frederic Clerc, director of the C2V Initiative and interim managing director of UFL, says in a news release. "The diversity of this cohort, in its technologies, products, geographies, and stages, makes it an amazing snapshot of the rapidly evolving carbontech innovation landscape."

The cohort was selected from over a hundred applications from nearly 30 countries. In the six-month program, the nine companies gain access to the C2V Initiative's Carbontech Leadership Council, an invitation-only group of corporate, nonprofit, and government leaders who provide commercialization opportunities and identify avenues for technology validation, testing, and demonstration.

The year four cohort, according to the release, includes:

  • Ardent, from New Castle, Delaware, is a process technology company that is developing membrane-based solutions for point-source carbon capture and other chemical separations.
  • CarbonBlue, from Haifa, Israel, develops a chemical process that mineralizes and extracts CO2 from water, which then reabsorbs more atmospheric CO2.
  • MacroCycle, from Somerville, Massachusetts, develops a chemical recycling process to turn polyethylene terephthalate (PET) and polyester-fiber waste into "virgin-grade" plastics.
  • Maple Materials, from Richmond, California,develops an electrolysis process to convert CO2 into graphite and oxygen.
  • Oxylus Energy, from New Haven, Connecticut, develops a direct electrochemical process to convert CO2 into fuels and chemical feedstocks, such as methanol.
  • Phlair, from Munich, Germany, develops a renewable-energy-powered Direct Air Capture (DAC) system using an electrochemical process for acid and base generation.
  • Secant Fuel, from Montreal, Quebec, Canada, develops a one-step electrocatalytic process that converts flue gas into syngas.
  • RenewCO2, from Somerset, New Jersey, is developing an electrochemical process to convert CO2 into fuels and chemicals, such as sustainable aviation fuel (SAF) or propylene glycol.
  • Seabound, from London, England, builds carbon-capture equipment for new and existing ships.

"The depth and breadth of carbontech innovations represented in this applicant pool speaks volumes to this growing and dynamic industry around the world," adds Kevin Dutt, Interim CEO of Greentown Labs. "We're eager to support these nine impressive companies as they progress through this program and look forward to seeing how they engage with the CLC now and into the future."

The C2V Initiative will host a public Year 4 kickoff event on Sept. 19 at Greentown Houston and via livestream.

Hundreds of homes near Houston still under evacuation orders as pipeline fire burns for second day

news update

A pipeline fire that erupted in a suburban Houston neighborhood burned throughout a second day and into the night Tuesday with still no definitive word on when the blaze would finally go out, when nearby residents may be able to return home or why a car drove through a fence and hit a valve before the destructive explosion.

Although the fire was getting smaller, the disruptions caused by the Monday morning explosion in a grassy corridor between a Walmart and a residential neighborhood left some locals increasingly weary. On Tuesday, people could be seen returning to their homes to get clothes and other items before quickly leaving again.

“We literally walked out with the clothes on our backs, the pets, and just left the neighborhood with no idea where we were going,” Kristina Reff said. “That was frustrating.”

Over 36 hours after the blast — which shot towering flames like a blowtorch above the suburbs of Deer Park and La Porte — authorities have provided few details about the circumstances leading up to the explosion.

Investigators said it happened after the driver of a sport utility vehicle went through a fence near the Walmart and struck an above-ground valve. As of Tuesday evening, authorities had not still not identified the driver or said what happened to them.

Deer Park officials have said police and FBI agents found no preliminary evidence to suggest the explosion of the pipeline, which carried natural gas liquids, was a coordinated or terrorist attack. In a statement Monday night, the city said it “appears to be an isolated incident” but officials have not provided details on how they came to that conclusion.

The car was incinerated by the explosion, which scorched the ground across a wide radius, severed power transmission lines, melted playground equipment and ignited some homes.

The valve, which appears to have been protected by a chain-link fence topped with barbed wire, is located within a long grassy field where high-voltage power lines run. Several pipelines run underground.

Authorities evacuated nearly 1,000 homes at one point and ordered people in nearby schools to shelter in place. By Tuesday afternoon that number was down to just over 400.

“The fire is still burning, but the good news is that the pressure within the pipeline is continuously dropping, which means we are getting closer to the fire going out,” Harris County Judge Lina Hidalgo said in a statement.

Operators shut off the flow after the explosion, but Hidalgo has said that 20 miles (32 kilometers) of pipeline stretched between the two closed valves and the chemicals inside had to burn off before the fire would stop.

Robert Hall, a senior advisor at the nonprofit Pipeline Safety Trust, said it’s not surprising that it’s taken more than a day for the material to stop burning.

“You’re talking about 20-inch pipelines and miles between valves, so it takes a long time to burn down,” Hall said.

On Tuesday, the Texas Railroad Commission that regulates the state’s oil and gas industry said its inspectors only will enter the site after it is deemed safe by emergency authorities.

Houston is the nation’s petrochemical heartland and is home to a cluster of refineries and plants and thousands of miles of pipelines. Explosions and fires are a familiar sight, and some have been deadly, raising recurring questions about industry efforts to protect the public and the environment.

Hall, who previously oversaw pipeline and hazardous materials investigations for the National Transportation Safety Board, said there are few regulations that govern the location of pipelines near homes and businesses.

“That becomes a very local issue, community by community,” Hall said, adding that some jurisdictions require bollards — sturdy pipes filled with concrete — to prevent vehicles from crashing into sensitive infrastructure.

Hidalgo said Tuesday that Energy Transfer, the Dallas-based owner of the pipeline, has said it was working to isolate parts of the pipeline closest to the fire by clamping it on each side.

Energy Transfer did not immediately respond to a question about what safety precautions were in place near the valve.

Hall said regulations from 2022 aimed at reducing deaths and environmental damage from ruptures were geared toward gas lines, not those carrying liquids, and would not have applied to this pipeline. He added that many new safety regulations that have been put in place do not apply retroactively to pre-existing pipelines.

Both Energy Transfer and Harris County Pollution Control were conducting air monitoring in the area and have found no health issues, according to Deer Park officials.

Since leaving home, Reff and her family have been staying in a hotel room paid for by Energy Transfer. But they were eager to return.

“It would be nice to be in our own beds,” she said.

Baker Hughes launches new digital platform for CCUS operations

now online

Baker Hughes has announced the debut of its digital platform to track CO2 volumes in real time, CarbonEdge. CarbonEdge utilizes carbon capture utilization and sequestration journey, which includes pipeline flows.

Powered by Cordant, the Houston-based Baker Hughes boasts CarbonEdge is “the first end-to-end, risk-based digital platform for CCUS operations that provides comprehensive support, regulatory reporting, and operational risk management,” according to the company.

The connectivity across the entire CCUS project lifecycle will assist customers to better improve decision-making, enhance operational efficiency, identify and manage risk, and simplify regulatory reporting. Applicable to any CCUS infrastructure applied across multiple industries, CarbonEdge joins other Baker Hughes’ digital solutions in JewelSuite, Leucipa, and Cordant, which all span the energy and industrial value chains to help ensure lower emissions.

“CCUS technology solutions are essential for driving decarbonization of the energy and industrial sectors on our path to solving for climate change,” Baker Hughes Chairman and CEO Lorenzo Simonelli says in a news release.

The launch customer will be Wabash Valley Resources (WVR), which is a low-carbon ammonia fertilizer pioneer in Indiana.WVR will deploy Baker Hughes’ CarbonEdge platform to monitor, measure, and verify volumes of CO2 transported, collected, and sequestered underground.

“With the launch of CarbonEdge, we not only expand our portfolio of digital solutions to support new energies and empower our customers’ ability to mitigate risk while enhancing operational efficiency, but also take a bold step toward a future with more sustainable energy development,” Simonelli continues.”We look forward to working alongside Wabash Valley Resources to refine and evolve CarbonEdge, ensuring it continues to meet the dynamic needs of a rapidly changing industry.”