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BlackRock's rejection of the Texas law that blacklists 'woke' BlackRock may challenge anti-ESG legislation in other states

Analysts said that the decision by a Texas judge to strike down a'state law' blacklisting 'woke' financial firms such as BlackRock and HSBC who used environmental, governance, or social factors to make investment decisions, will likely lead to a broader movement to repeal alleged "anti-ESG laws" in other states.

Texas lawmakers passed the Energy Discrimination Elimination Act 2021. This law requires state agencies and local governments to divest their shares from companies that refuse to invest in certain oil and gas companies. Around 14 other states have followed suit. Last week, a federal judge in Texas ruled that the law violated First Amendment protections for free speech because it penalized businesses who spoke about fossil fuels and associated with groups that oppose fossil fossil fuels. Texas announced that it would appeal.

Lance Dial, an attorney at K&L Gates, said that Texas had "lost on its own court." You would think that Texas is the place where they can make this work.

ROADMAP FOR CHALLENGES

Bryan McGannon is the managing director of the U.S. Sustainable Investment Forum said that the ruling?provides a roadmap" for challenging similar laws passed by Oklahoma, Kentucky West Virginia Tennessee Utah and Utah as well as any other policies targeting environmental, social, or corporate governance activities.

The ruling challenges the flawed premise that climate change or ESG concerns must be motivated by political or social purposes, and ignores "ordinary business purpose". This opens up a new way to challenge many anti-ESG legislations.

Anti-ESG?actions have taken many forms. They include laws that target diversity efforts, and lawsuits. One from Texas and others accuses investors of breaking antitrust laws in assessing corporate climate.

Pleiades Strategy's data on anti-ESG legislation shows that there are 26 laws in various stages of development across the United States, including Alaska, Georgia Michigan, Minnesota, and Nebraska. Since the firm began tracking bills in 2022 391 have been killed before becoming law.

WILDFIRES AND FLOODS

Insurer Munich Re stated in January that damages from natural disasters like floods and fires, which scientists believe are increasing in intensity and frequency due to climate change, will total $224 billion by 2025.

Los Angeles was the most expensive wildfire catastrophe to date, with losses totaling $53 billion. Of this amount, only 40 billion dollars were insured.

Some of the biggest companies in the world have cited the transition to a low carbon economy as the main driver for their results. For example, patchy incentives, and the consumer demand for more environmentally friendly products.

Stellantis became the latest automaker to write off the value of its EV investments last week, taking a $27 billion hit that sent its shares down by 30%.

Ben Cushing said that laws such as the Texas law were designed to "politically penalize" investors.

Cushing, despite the "chilling effect" of the laws, said that the Texas ruling would instead give investors the confidence that managing climate related risks is consistent with their fiduciary duties. Frances Sawyer of Pleiades Strategy agreed, saying: "It's yet another court decision protecting freedom to invest." This should send a clear message that anti-ESG legislation is overreaching. (Reporting from Simon Jessop, London, and Ross Kerber, Boston. Dawn Kopecki, Nick Zieminski and Dawn Kopecki edited the story.

(source: Reuters)