Judge Denies Red State Bid to Axe ‘Woke’ ESG Investing Rule (1)

Sept. 21, 2023, 10:50 PM UTCUpdated: Sept. 22, 2023, 12:16 AM UTC

A federal judge in Texas upheld the Biden administration’s landmark climate-friendly 401(k) investing rule, which has sparked Republican pushback in courts and in Congress.

The US Labor Department’s environmental, social, and corporate governance investing rule will remain effective, despite a months-long quest by 26 red states to undo the rule under the Administrative Procedure Act (Pub.L.79-404).

The Thursday decision by Trump-appointed Judge Matthew J. Kacsmaryk to grant the DOL’s cross-motion for summary judgment is a setback for state attorneys general that have waged a months-long war against ESG retirement investing in the wake of the DOL proposal.

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