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 energy company expands battery storage deal with Samsung

battery boost

Houston-based Alpha Omega Power, which develops, invests in and runs utility-scale battery energy storage systems, has signed a deal to add more storage capacity from a subsidiary of South Korean tech giant Samsung.

The latest deal adds 1 gigawatt-hour of storage capacity to Alpha Omega’s existing contract with Samsung SDI America, bringing total storage capacity to 1.5 gigawatts.

The Michigan-based Samsung subsidiary is manufacturing the systems’ cells and modules at a plant in Indiana, Alpha Omega said. Samsung SDI plans to deliver them by the end of this year.

“This second agreement strengthens our domestic supply chain supporting the next generation of energy infrastructure,” Paul Choi, CEO of Alpha Omega, said in a press release.

Houston-based Fengate Asset Management owns Alpha Omega. In 2023, they formed a partnership to build, acquire, and operate utility-scale battery energy storage projects in the U.S. Their 200-megawatt Vertus battery facility in Galveston County came online this month.

Alpha Omega plans to use the Samsung SDI systems to improve grid reliability and meet greater demand for power in markets served by the Electric Reliability Council of Texas (ERCOT) and the Salt Lake City-based Western Electricity Coordinating Council.

ERCOT covers 90 percent of power customers in Texas. The Western Interconnection grid covers all or part of 14 states, as well as parts of Canada and Mexico.

Samsung SDI is the only non-Chinese supplier of rigid-metal “prismatic” energy storage batteries in North America, according to Alpha Omega.

“With strong durability and fire safety compared with pouch-type batteries, its prismatic batteries have helped the company meet the stringent requirements of U.S. energy companies,” Alpha Omega said.

The Samsung Battery Box 1.7 equipment being purchased by Alpha Omega offers AI-powered algorithms and 25 years of continuous use, along with greater energy density than its predecessor. It also features the ability to directly inject fire-extinguishing agents on a module-by-module basis.

Harris County officials seek more local control over data centers

data demands

Three Harris County officials are pushing for greater local control over the development and operation of data centers.

County Attorney Abby Kamin, County Commissioner Lesley Briones and County Commissioner Adrian Garcia recently called for action to give Harris County more power to regulate data centers.

As it stands now, Harris County “has little to no authority” over the construction of data centers, Briones said at a news conference. Harris County has 55 operating, under-construction, or planned data centers, according to a document filed with the county.

Briones outlined four steps being included in the Harris County commissioners’ exploration of potentially tighter local regulation of data centers:

  • Reviewing what Harris County can and cannot do regarding data centers
  • Creating a Harris County plan for the upcoming state legislative session aimed at granting more local control over data center construction and operations. State lawmakers would need to approve any changes in local control.
  • Establishing community “listening” sessions in Harris County about data centers
  • Notifying Harris County commissioners when a proposed data center seeks permits

Kamin noted Houston and Harris County lack zoning regulations, and the county’s 34 cities set their own zoning rules. Furthermore, she said, Texas Attorney General Ken Paxton has not issued a ruling on whether counties can impose a moratorium on development of data centers.

However, she said, “limited jurisdiction does not mean limited responsibility … New technology is arriving in our communities faster than our laws and institutions can keep up with, whether that’s data centers, AI or even drones.”

The effort by Kamin, Briones, and Garcia follows Gov. Greg Abbott’s recent statewide halt of new environmental and construction permits for data centers. State permitting is frozen until the Electric Reliability Council of Texas (ERCOT) and the Public Utility Commission of Texas complete their review of data centers.

Their initiative also comes amid growing public concern over the amount of electricity and water gobbled up by data centers, as well as residents’ own rising electric and water bills.

Houston-based CenterPoint Energy expects to connect 8 gigawatts of new data-center loads in the Houston area by 2029, with about 4 gigawatts to follow, Kamin said. That, she said, would significantly increase peak power demand.

“No industry should get to monopolize or run roughshod over residents, public safety, and our critical natural resources,” Kamin said.

That being said, Kamin and Briones stressed they take pride in Houston being the Energy Capital of the World and Texas being an economic powerhouse.

“This isn’t about being against technology or new technology, but growth has to go hand in hand with accountability,” Kamin said.

Garcia said he’s open to welcoming data centers as good corporate neighbors, but not without protecting the people who live near these projects.

“I’ll keep an open mind,” he said, “but I want to know what will ultimately be the benefit to the community. And right now, I need tools [to do that].”

Houston bio-based materials co. steps into new sustainable consumer products

a cleaner shoe

A more sustainable shoe can’t be built on a single material swap. From the hard plastics hidden inside a heel to the material covering a sneaker’s upper, footwear is a collection of components—and each presents a different challenge for companies trying to move away from conventional, petroleum-based materials.

Houston-based Rheom Materials wants to change that equation. The biomaterials company has launched a sustainable footwear platform featuring two of its bio-based alternatives: Benree, a biodegradable plastic designed for hard internal components, and ShoraiDura, a durable leather alternative for footwear uppers.

“A shoe is not one material; it is multiple parts working together as a system. Substituting a single material has never moved the needle,” Rheom founder and CEO Zimri Hinshaw said in a news release. “Rheom wants to make it easier for brands to make a positive impact. By providing an assortment of bio-based materials, brands can change the system, not just a swatch of it.”

Benree is Rheom’s alternative to conventional hard plastics used in footwear construction. The company says it is a 100 percent USDA-certified bio-based, biodegradable material with performance comparable to acrylonitrile butadiene styrene (ABS), a widely used engineering plastic.

The material has passed SATRA testing for high-heel applications with Bared Footwear, an Australian footwear brand.

“At Bared, we're constantly on a journey to remove plastic from our shoes. At the same time, our brand won't compromise on quality for the end customer,” Millie Richards, Bared’s head of sustainability, added in the release. “From samples and testing, Rheom has proven to be solving both of those problems for us. We look forward to seeing how they develop as a company and would love to use them in our shoes.”

Rheom says it is also exploring Benree for additional internal components, including toe puffs and heel counters.

Rheom's Benree material was used for a high-heel prototype. Photo courtesy Rheom Materials

The company’s ShoraiDura material addresses another major part of shoe construction: the upper, which must withstand repeated flexing, friction and wear while maintaining its appearance.

Containing about 80 percent bio-based content, ShoraiDura is engineered as a durable leather alternative for footwear. Rheom says the material’s molecular structure is designed to deliver the strength and durability required for demanding applications.

To demonstrate how the material could be used in finished products, Rheom worked with a Los Angeles-based footwear manufacturer to create two prototypes: an athletic sneaker and a textured skater shoe, both featuring ShoraiDura uppers.

The two offerings reflect the company’s broader strategy. Rather than asking brands to evaluate a single material in isolation, Rheom is positioning its platform as a way to explore alternatives across different parts of footwear construction.

The next step is broader industry adoption. Benree’s testing with Bared Footwear and ShoraiDura’s footwear prototypes offer early examples of how the materials could be applied, while commercial use will depend on manufacturers’ evaluations and product-development decisions.

Rheom Materials is a Houston-based biomaterials company developing bio-based alternatives to petrochemical plastics. Its product portfolio includes Shorai, a leather alternative, and Benree, a hard plastic alternative.

The company debuted Shorai at the Houston Livestock Show and Rodeo in 2025 and showed a bio-based "leather" collection in Milan earlier this year. Read more here.

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This article originally appeared on our sister site, InnovationMap.