Indefinite Pause in ESG 401(k) Rule Battle Denied by Judges (1)

A panel overseeing an appeals case by red-state attorneys general challenging a Biden-era eco-friendly 401(k) investing rule rejected the Trump administration’s request for an indefinite pause on proceedings, accelerating the timeline for officials to decide the controversial policy’s fate.

The US Court of Appeals for the Fifth Circuit granted the government’s motion for abeyance pending reconsideration of the rule, but for 30 days only. That puts pressure on the Labor Department to determine if and how officials will dismantle it sooner rather than later.

“The court will not permit an open-ended abeyance,” an order filed Monday said. “Appellees are directed ...