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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Solar surpasses coal to become ERCOT’s third-largest power source in 2025

by the numbers

Solar barely eclipsed coal to become the third biggest source of energy generated for the Electric Reliability Council of Texas (ERCOT) in 2025, according to new data.

In 2024, solar represented 10 percent of energy supplied to the ERCOT electric grid. Last year, that number climbed to 14 percent. During the same period, coal’s share remained at 13 percent.

From the largest to smallest share, here’s the breakdown of other ERCOT energy sources in 2025 compared with 2024:

  • Combined-cycle gas: 33 percent, down from 35 percent in 2024
  • Wind: 23 percent, down from 24 percent in 2024
  • Natural gas: 8 percent, down from 9 percent in 2024
  • Nuclear: 8 percent, unchanged from 2024
  • Other sources: 1 percent, unchanged from 2024

Combined, solar and wind accounted for 37 percent of ERCOT energy sources.

Looking ahead, solar promises to reign as the star of the ERCOT show:

  • An ERCOT report released in December 2024 said solar is on track to continue outpacing other energy sources in terms of growth of installed generating capacity, followed by battery energy storage.
  • In December, ERCOT reported that more than 11,100 megawatts of new generating capacity had been added to its grid since the previous winter. One megawatt of electricity serves about 250 homes in peak-demand periods. Battery energy storage made up 47 percent of the new capacity, with solar in second place at 40 percent.

The mix of ERCOT’s energy is critical to Texas’ growing need for electricity, as ERCOT manages about 90 percent of the electric load for the state, including the Houston metro area. Data centers, AI and population growth are driving heightened demand for electricity.

In the first nine months of 2025, Texas added a nation-leading 7.4 gigawatts of solar capacity, according to a report from data and analytics firm Wood Mackenzie and the Solar Energy Industries Association.

“Remarkable growth in Texas, Indiana, Utah and other states ... shows just how decisively the market is moving toward solar,” says Abigail Ross Hopper, president and CEO of the solar association.

New UH white paper pushes for national plastics recycling policy

plastics paper

The latest white paper from the University of Houston’s Energy Transition Institute analyzes how the U.S. currently handles plastics recycling and advocates for a national, policy-driven approach.

Ramanan Krishnamoorti, vice president for energy and innovation at UH; Debalina Sengupta, assistant vice president and chief operating officer at the Energy Transition Institute; and UH researcher Aparajita Datta authored the paper titled “Extended Producer Responsibility (EPR) for Plastics Packaging: Gaps, Challenges and Opportunities for Policies in the United States.” In the paper, the scientists argue that the current mix of state laws and limited recycling infrastructure are holding back progress at the national level.

EPR policies assign responsibility for the end-of-life management of plastic packaging to producers or companies, instead of taxpayers, to incentivize better product design and reduce waste.

“My hope is this research will inform government agencies on what policies could be implemented that would improve how we approach repurposing plastics in the U.S.,” Krishnamoorti said in a news release. “Not only will this information identify policies that help reduce waste, but they could also prove to be a boon to the circular economy as they can identify economically beneficial pathways to recycle materials.”

The paper notes outdated recycling infrastructure and older technology as roadblocks.

Currently, only seven states have passed EPR laws for plastic packaging. Ten others are looking to pass similar measures, but each looks different, according to UH. Additionally, each state also has its own reporting system, which leads to incompatible datasets. Developing national EPR policies or consistent nationwide standards could lead to cleaner and more efficient processes, the report says.

The researchers also believe that investing in sorting, processing facilities, workforce training and artificial intelligence could alleviate issues for businesses—and particularly small businesses, which often lack the resources to manage complex reporting systems. Digital infrastructure techniques and moving away from manual data collection could also help.

Public education on recycling would also be “imperative” to the success of new policies, the report adds.

“Experts repeatedly underscored that public education and awareness about EPR, including among policymakers, are dismal,” the report reads. “Infrastructural limitations, barriers to access and the prevailing belief that curbside recycling is ineffective in the U.S. contribute to public dissatisfaction, misinformation and, in some cases, opposition toward the use of taxpayers’ and ratepayers’ contributions for EPR.”

For more information, read the full paper here.

Investment bank opens energy-focused office in Houston

new to hou

Investment bank Cohen & Co. Capital Markets has opened a Houston office to serve as the hub of its energy advisory business and has tapped investment banking veteran Rahul Jasuja as the office’s leader.

Jasuja joined Cohen & Co. Capital Markets, a subsidiary of financial services company Cohen & Co., as managing director, and head of energy and energy transition investment banking. Cohen’s capital markets arm closed $44 billion worth of deals last year.

Jasuja previously worked at energy-focused Houston investment bank Mast Capital Advisors, where he was managing director of investment banking. Before Mast Capital, Jasuja was director of energy investment banking in the Houston office of Wells Fargo Securities.

“Meeting rising [energy] demand will require disciplined capital allocation across traditional energy, sustainable fuels, and firm, dispatchable solutions such as nuclear and geothermal,” Jasuja said in a news release. “Houston remains the center of gravity where capital, operating expertise, and execution come together to make that transition investable.”

The Houston office will focus on four energy verticals:

  • Energy systems such as nuclear and geothermal
  • Energy supply chains
  • Energy-transition fuel and technology
  • Traditional energy
“We are making a committed investment in Houston because we believe the infrastructure powering AI, defense, and energy transition — from nuclear to rare-earth technology — represents the next secular cycle of value creation,” Jerry Serowik, head of Cohen & Co. Capital Markets, added in the release.