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Group sues Texas over law banning state business with firms 'boycotting' fossil fuels

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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A View From HETI

Jian Shi, Chuyue Wang and Kailai Wang have developed a model that aims to make recycling e-waste economically viable and help recover critical minerals needed for EVs. Photo courtesy UH.

The “missing link” in critical minerals may have been in our junk drawers all along, according to new research from the University of Houston.

Jian Shi, an associate professor in the UH Cullen College of Engineering, and his team have unveiled a new supply chain model that aims to make e-waste economically viable and could help make large-scale recycling possible.

Shi, along with professor Kailai Wang and graduate researcher Chuyue Wang, published the work in a recent issue of Nature. Their study outlines how gold, lithium and cobalt from discarded electronics can be kept circulating in the U.S. through the process of “urban mining.” It was supported by the U.S. Department of Energy’s Office of Energy Efficiency and Renewable Energy (EERE) through the Vehicle Technologies Office.

The team’s research found that e-waste is the fastest-growing solid waste stream in the world. When waste from smartphones or tablets is left unmanaged, the devices can leak hazardous waste and pose significant fire risks due to aging batteries. Additionally, when they are shipped off to foreign landfills, the U.S. loses the potential to recycle or reuse the critical minerals left inside.

“A lot of people have iPads or old iPhones sitting in their drawers right now, and that’s a waste of a critical resource,” Shi said in a news release. “Urban mining allows us to extract the same high-value materials found in traditional mines without the environmental destruction. More importantly, it helps secure our domestic supply chain for the technologies of tomorrow.”

According to UH, recycling e-waste has not succeeded in the U.S. due to a fragmented recycling system, in which manufacturers, collectors and recyclers operate separately, driving up costs.

The UH team's research looks to change that.

In the study, the researchers modeled streamlined recycling efforts by mapping the interactions between manufacturers and independent recycling markets. Their dual-channel closed-loop supply chain (CLSC) model identified how these players can transition from competitors to partners, which can distribute profits more equitably and make recycling efforts more financially attractive.

According to UH, the research has particular significance due to the growing demand for electronic vehicles and their batteries.

“We can improve the performance of the entire recycling ecosystem and make the profit distribution more balanced,” Wang said in the release. “This ensures that the materials we need for EVs and advanced electronics stay right here in the U.S.”

“By making recycling work at scale, we aren’t just cleaning up waste,” Shi added. “We’re building a foundation that benefits both our national security and our economy.”

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