Labor Agency to Defend ESG 401(k) Rule in Bad-Blood Jurisdiction

Jan. 27, 2023, 10:23 PM UTC

The US Labor Department is facing an unwelcome case of litigation deja vu, as its attempt to implement a climate-friendly retirement investment rule encounters legal peril in a Texas federal court jurisdiction known for striking down consequential employee benefit regulations.

More than two dozen Republican state attorneys general are hoping history will repeat itself in their quest to kill a DOL final rule, this one permitting private-sector employers to consider environmental, social, and corporate governance factors when choosing pension investments.

That policy, now under review by the US District Court for the Northern District of Texas, is scheduled to take ...

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