Opposition to environmental, social, and corporate governance (ESG) investing

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Environmental, social, and corporate governance
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What is ESG?
Arguments for and against ESG
Opposition to ESG
Economy and Society: Ballotpedia's weekly ESG newsletter
See also: Index of articles about environmental, social, and corporate governance (ESG)

The term environmental, social, and corporate governance (ESG) can refer to an investment approach or an approach to corporate decision-making that conforms a company to ideas and goals that ESG investors generally accept. The ESG investment approach involves considering the extent to which corporations conform to certain environmental, social, and corporate governance standards (such as net carbon emission or corporate board diversity goals) and avoiding investments in or otherwise withholding funding from companies that do not meet the standard.

In the context of public policy, ESG refers to the use of non-financial ESG investing criteria in the regulation and management of public funds, including public pensions.

Opponents of ESG investing argue that it reduces investment diversification (which increases portfolio risk), harms financial performance, and contrasts with an investment approach that focuses on the likely maximization of financial returns to the investor.[1][2][3]

Supporters of ESG investing argue that, in the long run, ESG investing will lead to acceptable financial returns. ESG advocates also say that ESG and profit are not mutually exclusive and argue that corporations can and should improve communities and the environment through the adoption of ESG philosophies and approaches.[4][5]

This article documents the various kinds of opposition to environmental, social, and corporate governance (ESG) and the ESG investing movement:

State government activity opposing ESG investing

This section contains a selection of state government activities opposing ESG investing, especially in the management of public funds such as pensions. The section is organized by the type of state office or branch of government. Click a link below to learn more about how different types of state officials are opposing ESG.

Gubernatorial activity opposing ESG investing

This section tracks a selection of gubernatorial activity opposing ESG investing, including activity related to the divestment of state funds from asset managers that consider ESG criteria in their investment decisions and other support for policies that oppose ESG investing. Click the links below to read the full stories.

  • Utah officials send letter to S&P over ESG indicators: In late March 2022, S&P Global released a credit indicator report on the state of Utah that went beyond traditional versions of such reports. S&P, among other things, rated corporate ESG preparedness, including an ESG component in its reports on each of the 50 states. On April 20, Utah Governor Spencer Cox (R), Senators Mike Lee (R) and Mitt Romney (R), all of the state’s congressmen, along with its treasurer and attorney general, sent a letter to S&P, arguing that the ESG component of its report was inherently political and therefore unfair.[16]

State financial officer activity opposing ESG investing

This section tracks a selection of state financial officer (SFO) activities opposing ESG investing. SFO opposition to ESG can include the building of lists of companies that are ineligible to contract with the state due to ESG commitments, the divestment of state funds from certain asset managers that do not solely consider financial factors in their investments, and the writing of letters, opinions, or other guidance documents that discuss an SFO's policy approach opposing ESG. Click the links below to read the full stories.

  • Indiana treasurer adds BlackRock to state ESG watchlist: Indiana Treasurer Daniel Elliott (R) announced June 21, 2024, that he added BlackRock, the world’s largest asset manager at the time, to “a state watchlist, accusing the firm of making illegal environmental, social or governance (ESG) commitments,” according to the Indiana Capital Chronicle. The decision was related to a 2023 state law banning ESG in state pension investments.[17]
  • Oklahoma adds Barclays as restricted business: Oklahoma Treasurer Todd Russ (R) announced on May 3, 2024, that Barclays boycotted fossil fuel companies under the state’s legal definition and was therefore restricted in its ability to do business with the state.[18]
  • State treasurers question independence of BlackRock board members: Daily Mail reported on August 8, 2023, that fifteen state treasurers, with the aid of the State Financial Officers Foundation, sent a letter to BlackRock suggesting that the company’s board members had potential conflicts of interest that could interfere with their ability to make decisions that would benefit shareholders.[24]
  • SFOs send letters and questionnaires inquiring about ESG at firms: Twenty-one state financial officers signed letters on May 15, 2023, that were sent to large asset management firms and two proxy advisory services (Glass-Lewis and Institutional Shareholder Services, who combined represent 95% of the proxy advisory business), requesting answers to questions about the use of ESG and the justification for doing so as legal fiduciaries of their clients’ money.[25]
  • West Virginia continues ESG pushback, turns attention to proxy advisory services: West Virginia State Treasurer Riley Moore (R), one of the first state officials to push back against ESG investing in general and asset management giant BlackRock in particular, did an interview on January 25, 2023, with The Epoch Times in which he discussed his support for a state bill opposing ESG by requiring that publicly owned shares be voted in the best financial interests of pension plan participants and not in line with the recommendations of proxy advisors.[29]
  • Kentucky threatens to divest from 11 banks over ESG policies: On January 2, 2023, Kentucky State Treasurer Allison Ball (R) issued a statement notifying 11 banks that their environmental, social, and corporate governance (ESG) policies amounted to energy boycotts that harmed the state’s economy according to definitions passed into law in 2022. The statement said the banks had 90 days to stop what Kentucky argued were energy company boycotts or face divestment from the state.[30]
  • Arizona divests from BlackRock over firm’s ESG policies: On December 8, 2022, Arizona Treasurer Kimberly Yee (R) announced that the state’s Investment Risk Management Committee had completed its review of BlackRock – including Larry Fink’s own letters – and had decided to proceed with removing its funds from BlackRock’s management because of the firm’s ESG positioning.[32]
  • State Financial Officers Foundation announces campaign opposing ESG: At a semi-annual meeting in Washington, D.C., attended by more than two dozen state officials, the State Financial Officers Foundation (SFOF) and its state financial officer members held a press conference to announce the launch of a retail-oriented, constituent-targeted ESG campaign and website called “Our Money, Our Values”.[34]
  • Louisiana treasurer announces plan to divest state funds from BlackRock: On October 5, 2022, Louisiana Treasurer John Schroder (R) announced that he had joined a growing number of state public officials who either pulled their state’s investments from BlackRock and other ESG-fund providers or threatened to do so. In his letter to BlackRock CEO Larry Fink, also dated October 5, Schroder said that, in his words, the firm’s “blatantly anti-fossil fuel policies would destroy Louisiana’s economy.”[37][38]

State administrative board activity opposing ESG investing

This section tracks a selection of state administrative board activity opposing ESG, especially as ESG investing relates to state public pension plans. Click the links below to read the full stories.

  • Texas education fund pulls $8.5 billion from BlackRock: The Texas Permanent School Fund (TPSF) on March 19, 2024, pulled roughly $8.5 billion from BlackRock’s asset management. Texas State Board of Education Chairman Aaron Kinsey (R) argued that BlackRock supported ESG and was ineligible to manage public funds under a state law prohibiting public contracts with companies that illegally boycott the fossil fuel industry. BlackRock responded with a thread on Twitter/X and a letter to Kinsey and the TPSF, arguing the move was not in the best financial interest of the school fund. The move brought the total of Republican state funds withdrawn from BlackRock’s management to more than $13 billion.[45][46][47]
  • Indiana contracts with investment advisory firm opposed to ESG: The Indiana Capital Chronicle reported on March 20, 2023, that Indiana, which was among the states trying to limit considerations of ESG in the investment of state funds, contracted with Strive Advisory in November 2022 to help its pension system “strengthen its investment policy statement and proxy voting policies.”[49]

Attorney general activity opposing ESG investing

This section tracks a selection of attorney general activities opposing ESG, including investigations of companies over ESG concerns, letters to federal agencies over ESG rulemaking, and opinions related to state laws surrounding the definitions of fiduciary responsibilities. Click the links below to read the full stories.

  • State attorneys general sue over SEC climate disclosure rule: State attorneys general in 10 states, led by West Virginia Attorney General Patrick Morrisey (R) and Georgia Attorney General Chris Carr (R), filed a lawsuit against the Securities and Exchange Commission (SEC) after the agency released regulations requiring publicly traded companies to submit standardized climate risk and carbon emissions disclosures. The suit alleged the regulations were not clearly tied to the SEC's statutory authority and possibly violated the First Amendment.[53]
  • Tennessee sues BlackRock, alleging false statements related to ESG investment considerations: Tennessee Attorney General Jonathan Skrmetti (R) filed a lawsuit against BlackRock on December 18, 2023, alleging that BlackRock made misleading statements regarding the extent to which the company considered ESG factors in investments, preventing consumers from making informed investment choices.[55]
  • State lawyers seek to block U.S. Department of Labor ESG rule: Twenty-five states asked a federal judge in Texas on May 16, 2023, to block the implementation of the Biden Labor Department’s rule on the use of ESG in retirement investment plans that fall under ERISA. The states argue that the Biden rule was not created properly because the previous rule (enacted under the Trump administration) was, in their view, improperly invalidated.[60]
  • Attorneys general move to block BlackRock from buying utility companies: Several Republican state attorneys general filed a motion with the Federal Energy Regulatory Commission (FERC) on May 10, 2023, to prevent BlackRock – one of the largest advocates of ESG investing – from using its financial position and prominence to impose ESG policies (like net carbon emission goals) on utility companies.[61]
  • Louisiana attorney general launches ESG investigation: Louisiana Attorney General Jeff Landry (R) launched an investigation on April 25, 2023, into Climate Action 100+, which described itself as “an investor-led initiative to ensure the world’s largest corporate greenhouse gas emitters take necessary action on climate change.” Landry’s office said the investigation aimed to determine whether some asset management companies that were part of the initiative violated their fiduciary duties by focusing on ESG investment factors.[62]
  • Tennessee joins open letter opposing ESG: Tennessee joined the original group of state attorneys general on April 10 who signed an open letter to asset managers arguing that those managers had a legal responsibility to seek maximized returns based on financial (not ESG) considerations in the investment of state funds.[63]
  • States send letter to asset managers opposing ESG: Attorneys general from 21 states signed and sent a letter on March 30, 2023, to some of the biggest and best-known asset management companies (AMCs) in the country. The letter threatened state divestment from AMCs that incorporated ESG policies into their investment strategies.[64]
  • State attorneys general continue the pushback against ESG: Bloomberg Law argued on February 13, 2023, that state attorneys general were the new players in the state-level pushback against ESG after state financial officers (like treasurers and auditors) dominated most of the state-level pushback in 2022.[65]
  • State attorneys general sue SEC over ESG fund disclosure rules: Texas and three other states filed a lawsuit in February 2023 against a Securities and Exchange Commission rule requiring funds to disclose additional information about their votes on ESG shareholder proposals and requiring other corporate meeting disclosures related to ESG.[66]
  • States sue Biden administration over ESG in retirement plans: Twenty-five states announced on January 26, 2023, that they had filed a lawsuit against the Biden administration alleging that, in their view, the Department of Labor’s rule allowing for the consideration of ESG factors in Employee Retirement Income Security Act (ERISA)-governed retirement investments increased portfolio risk and violated the law.[67]
  • State attorneys general file motion to oppose Vanguard utility company stock purchases: On November 29, 2022, 13 Republican state attorneys general filed a motion asking the Federal Energy Regulatory Commission to hold a hearing on ESG-mutual-fund player Vanguard’s plans to purchase large numbers of shares in public utility stocks. The states said they were concerned that, as an ESG advocate, Vanguard might engage in environmental activism with its stakes in the utilities.[70]
  • 19 state attorneys general announce investigation into ESG investing practices of six banks: Fox Business reported on October 19, 2022, that attorneys general from 19 states announced that they were launching an investigation into the involvement of six large American banks with the United Nations’ Net-Zero Banking Alliance. Missouri Attorney General Eric Schmitt (R) said, “We are leading a coalition investigating banks for ceding authority to the U.N., which will only result in the killing of American companies that don’t subscribe to the woke, climate agenda.”[71]
  • 18 states join Missouri attorney general investigation over Morningstar ESG: Missouri Attorney General Eric Schmitt (R) began an investigation of Morningstar, Inc. and its ESG-ratings subsidiary, Sustainalytics, for alleged consumer protection violations. Specifically, Schmitt’s scrutiny focused on accusations that Sustainalytics used sources in developing and implementing its ESG ratings that violated state laws prohibiting discrimination against Israeli companies. Schmitt's office announced that it had been joined in its inquiry by attorneys general in 18 other states.[74]
  • Kentucky’s attorney general says ESG is inconsistent with state law: Kentucky Treasurer Allison Ball (R) asked Kentucky Attorney General Daniel Cameron (R) “[w]hether 'stakeholder capitalism' and 'environmental, social, and governance' investment practices in connection with the investment of public pensions funds" were "consistent with Kentucky law governing fiduciary duties.” The Attorney General’s office replied on May 26, 2022, arguing ESG was inconsistent with fiduciary responsibility in the state.[75]
  • Louisiana attorney general issues guidance opposing ESG investing in state pensions: Louisiana Attorney General Jeff Landry (R) issued guidance in August 2022 arguing that asset managers like BlackRock, Vanguard, and State Street violated their fiduciary duties under state law through their ESG commitments.[78]

Secretary of state activity opposing ESG investing

This section tracks a selection of secretary of state activities opposing ESG, including cease and desist orders over ESG activity, fines over misleading ESG policies, and statements and arguments from officials. Click the links below to read the full stories.

Agriculture commissioner activity opposing ESG investing

This section tracks a selection of agriculture commissioner activities opposing ESG, including investigations of companies over ESG effects on agriculture, letters to banks over ESG activities, and studies on the economic impacts of ESG. Click the links below to read the full stories.

  • State agriculture commissioners join ESG pushback: Agriculture commissioners from 12 states sent a letter on January 29, 2024, to the heads of six banks, arguing that ESG efforts to promote net-zero carbon policies would hurt farmers and inflate consumer food prices.[81]

State legislative activity opposing ESG investing

See also: State legislative approaches opposing ESG investing

This section lists noteworthy examples of legislative activity or activity conducted by legislators opposing ESG investing and different types of legislative approaches that hinder ESG investing identified by Ballotpedia across the 50 states. Click the links in the following sections to read the full stories.

Noteworthy legislative activity opposing ESG investing

  • Arkansas laws opposing ESG take effect: Two new state laws in Arkansas creating an oversight committee to develop a list of companies using ESG in investment or boycott decisions took effect August 1, 2023.[84]
  • Alabama Senate advances bill opposing ESG boycotts: The Alabama State Senate on May 18, 2023, passed a bill that proposed prohibiting state contracts with businesses that boycotted certain companies and industries (like fossil fuel or mining companies) based on ESG criteria.[89]
  • Alabama Senate committee advances bill opposing ESG: The Alabama Senate Committee on Fiscal Responsibility and Economic Development overrode objections from the state’s bankers and Democrats and advanced an ESG bill that proposed preventing state entities from doing business with financial companies that boycotted specific sectors of the economy.[90]
  • Florida advances bill opposing ESG: The Florida Senate passed a bill on April 19, 2023, that proposed prohibiting the state and local governments from using ESG in debt financing and investing. The bill advanced to Governor Ron DeSantis (R) for consideration.[94]
  • South Carolina House advances bill opposing ESG: A bill in South Carolina that proposed requiring the state pension system to consider only pecuniary factors in its investments and to exercise its shareholder proxy rights passed the state House on April 13, 2023, and advanced to the Senate.[95]
  • Kansas bill opposing ESG passes legislature: Kansas lawmakers approved a bill on April 6, 2023, prohibiting ESG considerations in public pension investments. Some measures that were proposed, like certain restrictions on private ESG investing and on public investments in foreign companies, did not make it into the final bill. The bill was sent to the governor for consideration.[96]
  • Anti-ESG bill advances out of Indiana Senate committee: The Indiana Senate Pensions and Labor Committee advanced a bill April 5, 2023, that proposed prohibiting ESG considerations in public investments. The Senate bill contained several exemptions that did not appear in the bill when it was first introduced. Some suggested the changes would water down the legislation.[97]
  • Utah legislators discuss plans to oppose ESG: The Salt Lake Tribune reported on February 24, 2023, that Utah legislators last week voiced their frustrations with ESG investment tactics and pledged to oppose what Rep. Ken Ivory (R) described as “an effort to weaponize capital.”[103]
  • Indiana lawmakers join ESG pushback: Members of the Indiana General Assembly’s House Financial Institutions Committee on February 2, 2023, passed a bill to require the state to remove all pension funds from management by financial firms that supported ESG or considered ESG criteria in investments.[104]
  • Texas state senators hold hearings for two of the three biggest ESG asset managers: The Texas Senate held hearings on ESG, fossil fuel boycotts, and other related investment and banking matters. The hearings featured, among others, representatives from BlackRock and State Street, two of the three largest passive asset management firms. Kevin Stocklin, a writer at the Epoch Times, penned a news analysis arguing that the memberships of both asset managers in organizations like the Net Zero Asset Managers Initiative require them to use their shares to compel companies towards environmental goals, even though representatives from both companies said in the hearings that they did not participate in such activities:[105]

State legislative approaches opposing ESG investing

This section only tracks legislation and reform approaches introduced in the states. State legislatures have introduced all six major types of reform proposals opposing ESG investing that Ballotpedia tracked from policy advocacy groups. Click the links below for more information on each approach:

State government litigation opposing ESG investing

This section tracks activity in state courts opposing ESG mandates. For example, if a judge strikes down a state law requiring businesses in a state to meet certain diversity requirements, it may appear here. Click the links below to read the full stories.

  • California corporate diversity law ruled unconstitutional: On September 30, 2020, California Governor Gavin Newsom (D) signed Assembly Bill 979, which added a section to the California Corporate Code. The section mandated that every corporation in the state had to have at least one person of a racial or sexual minority on its board of directors by the end of 2021. The law was challenged in court and ruled unconstitutional.[112]

Federal government activity opposing ESG investing

This section tracks a selection of federal government activities opposing ESG investing. Federal opposition to ESG includes congressional oversight of ESG mandates from regulators like the SEC, opposition to laws and regulations that force diversity or ESG reporting requirements on businesses, opposition to ESG investment considerations in the management of Employee Retirement Income Security Act (ERISA)-governed pension plans, and investigations into banks and officials that support ESG.

Click a link below to learn more about how different federal approaches opposing ESG:

Legislation, legislative hearings, and committee investigations opposing ESG investing

This section tracks a selection of federal legislative activities opposing ESG investing, including legislation, legislative hearings, and committee investigations opposing ESG investing:

  • House Judiciary Committee report alleges organizations colluded to force ESG policies: The House Judiciary Committee released an interim report on June 11, 2024, alleging that several organizations, investors, and asset managers colluded to force American corporations to adopt ESG policies. The report specifically referred to Ceres, Climate Action 100+, the Net Zero Asset Managers Initiative, the California Public Employees’ Retirement System (CalPERS), and the Big Three asset managers (BlackRock, State Street, and Vanguard), among others in its allegations. The Judiciary Committee followed up its report with a hearing on ESG and related matters on June 12, 2024.[113][114]
  • House Judiciary Committee probes Glasgow Financial Alliance for Net Zero: The House Judiciary Committee interviewed at least two leaders of the Glasgow Financial Alliance for Net Zero (GFANZ), a global network of financial firms supporting ESG in June 2024. Reuters also reported that the committee requested interviews with several other GFANZ officials and affiliated individuals, including billionaire and former New York City Mayor Michael Bloomberg.[115]
  • Lawmakers argue ISS sale could threaten national security: Congressmen Andy Barr (R, Ky.) and Brian Snell (R, Wis.) wrote a letter concerning the sale of Institutional Shareholder Services (ISS), the world’s largest proxy advisory service, to a German financial services firm. They argued ISS proxy votes supporting ESG had a significant impact on corporate decisions that reduced American energy independence and harmed national security.[116]
  • House Judiciary Committee subpoenas As You Sow: The House Judiciary Committee issued another subpoena for testimony from Andrew Behar, the head of the pro-ESG group As You Sow, as part of its investigation into potential ESG antitrust violations. The deposition was scheduled for March 28, 2024.[117]
  • House subcommittee holds hearing on SEC climate rule: The House Financial Services Committee’s Oversight and Investigations Subcommittee held a hearing on March 18 aimed at assessing the potential costs associated with the SEC’s climate emissions reporting rule. A video of the hearing from C-Span can be found here. Consumers Research, an organization opposed to ESG, highlighted parts of the hearing on its Twitter/X feed.[118]
  • House Republicans continue pushback against ESG considerations in retirement plans: House Republicans again pushed back on the Biden administration’s rule allowing ESG considerations in investments governed by the Employee Retirement Income Security Act of 1974 (ERISA). The House Ways and Means Committee held a hearing on the matter on November 7. The Republicans on the committee released a statement after the hearing arguing that, in their view, opposing ESG was important for maximizing retirement savings.[121]
  • House Judiciary Committee subpoenas ESG supporters: The House Judiciary Committee on November 1, 2023, subpoenaed organizations that supported ESG to investigate whether the groups had violated antitrust laws, according to the committee, including As You Sow and the Glasgow Financial Alliance for Net Zero (GFANZ).[122]
  • House GOP passes four more bills opposing ESG out of committee: House Republicans on September 14, 2023, passed four ESG bills out of the Education and Workforce Committee, bringing the total number of ESG bills passed out of committee at that point in 2023 to seven. The move followed the lead of the House Financial Services Committee, which advanced its own slate of bills opposing ESG in August 2023.[124]
  • House Republicans consider next ESG actions: House Republicans held hearings, issued statements, and passed out of committee various bills related to ESG in July 2023. The discussion turned in September 2023 to how they intended to move forward with their plans to oppose ESG.[125]
  • House Judiciary Committee requests ESG documents from California pension system: House Judiciary Committee Chairman Jim Jordan (R-Ohio) requested documents in late 2022 from the California Public Employees’ Retirement System (CalPERS) and Ceres, a nonprofit group that advised CalPERS on environmental matters. The committee was seeking information about CalPERS’ ESG efforts and the effect they had on investments and returns. Bloomberg reported on August 17, 2023, that CalPERS had been complying with the request, turning over thousands of pages of documents in the preceding months.[126]
  • House GOP working group issues ESG agenda: The Republican ESG House Working Group issued a memo on June 23, 2023, detailing its agenda for the 118th Congress (2023-24), which focused on increasing oversight of proxy voting and large asset management firms.[131]
  • House Republican introduces bill opposing ESG in retirement funds: Congressman Andy Barr (R, Ky.) introduced a bill on June 21, 2023, opposing the Biden Labor Department’s rule allowing the use of ESG in retirement plan investments. Both chambers previously passed a Congressional Review Act (CRA) resolution overturning the Labor Department rule, but President Joe Biden (D) vetoed that legislation. Congressman Barr introduced the bill in response.[132]
  • House Republicans hold ESG hearing: On June 6, 2023, the House Oversight Committee held a hearing on ESG and the risks that its Republican-led members believed it posed to the nation’s financial infrastructure.[133]
  • House Oversight Committee holds ESG hearing: The House Oversight Committee on May 10, 2023, held a hearing on ESG. Chairman James Comer (R-Ky.) criticized ESG in his opening statement. Among other things, Chairman Comer said that he intended to hold more oversight hearings to investigate ESG policy.[135]
  • House fails to overturn veto of ESG legislation: The U.S. House of Representatives on March 23, 2023, failed in its attempt to overturn President Joe Biden’s (D) veto of the Congressional Review Act (CRA) resolution Congress had sent to his desk that sought to block a Labor Department rule permitting ESG considerations in retirement plans.[136]
  • Critics in Congress blame ESG for Silicon Valley Bank failure: California regulators shut down Silicon Valley Bank (SVB) on March 10, 2023, making it the second-largest bank failure in American history at the time. In the wake of the collapse and the fear of contagion, some in politics and the media criticized the bank’s loans to ESG-related companies and its in-house ESG policies. For example, Congressman James Comer (R-Ky.), the chairman of the House Oversight Committee, said SVB was “one of the most woke banks” in America.[138]
  • Congress makes plans to lead federal opposition to ESG in 2023: From state treasurers divesting pension and operating funds from BlackRock and other ESG providers to state attorneys general investigating the same providers over the impact of ESG on assorted policy matters, state officials led the pushback against environmental, social, and corporate governance investing in 2022. But the shift in control of the House of Representatives after the 2022 election had Republican elected officials making plans to increase their visibility and activity opposing ESG at the federal level as well.[145]
  • Republicans map out their agenda on ESG and antitrust: Some members and committees started laying out their ESG agendas ahead of the 118th Congress. Among those were members of the Judiciary Committee, who wanted to understand better how ESG and ESG-related organizations fit into the existing body of antitrust legislation and regulation.[146]
  • House Financial Services Committee members plan legislation on ESG and ERISA-governed pension plans: House Financial Services Committee members congressmen Andy Barr (R-Ky.) and Mike Braun (R-Ind.) launched an effort to address one of the issues at the heart of the intersection of the federal government with ESG-world, namely the question of ESG usage in ERISA (the Employee Retirement Income Security Act of 1974)-governed retirement plans. In 2020, the Trump Administration’s Department of Labor issued a rule limiting the use of ESG factors in ERISA-governed plans and only allowed such considerations if investment managers needed to decide between otherwise equally financially sound investments. Early in the Biden presidency, that rule was overturned and replaced by an ESG-friendly rule. Barr and Braun introduced legislation to oppose the Biden Labor Department’s rule:[147]

Federal lawsuits opposing ESG investing

This section lists a selection of activity in federal courts opposing ESG investing:

  • Suits against SEC consolidated and assigned to Eighth Circuit: Nine lawsuits against the Securities and Exchange Commission’s final rule on climate disclosures for publicly traded companies were consolidated on March 21, 2024, and assigned to the U.S. Court of Appeals for the Eighth Circuit through a lottery process. Sixteen of the court’s 17 justices were appointed under Republican presidents at the time of the consolidation.[154]
  • Appeals court pauses implementation of SEC climate rule: The U.S. Court of Appeals for the Fifth Circuit on March 15, 2024, temporarily blocked the implementation of the SEC’s 2024 final rules on emissions data reporting while the courts considered lawsuits alleging the regulations exceeded the SEC’s authority.[155]
  • NCPPR sues the SEC, alleging bias: The National Center for Public Policy Research (NCPPR), a nonprofit organization, on April 28, 2023, filed a lawsuit against the Securities and Exchange Commission (SEC), alleging that the Commission was biased against NCPPR because the organization filed shareholder proposals that were opposed to ESG.[157]

Federal executive activity opposing ESG investing

This section lists a selection of federal executive (and presidential candidate) activity opposing ESG investing:

  • Former President Trump joins opposition to ESG: Former President Donald Trump (R) released a video on February 24, 2023, confirming his opposition to ESG. In the video, Trump said he wanted to see what he viewed as political considerations kept away from Americans’ retirement investments.[161]
  • SEC commissioner shares ESG concerns: SEC Commissioner Mark Uyeda on January 27, 2023, gave a speech in which he addressed what he viewed as the failures of ESG. Some analysts claimed that Uyeda’s remarks put forth a legislative and legal roadmap for ESG opponents to follow.[162]

Intellectual and scholarly opposition to ESG and the ESG investing movement

This section tracks a selection of books, editorials, academic and scholarly articles, think tank white papers, and other intellectual activity and works opposing ESG investing. Click a link below to jump to a section:

Books

This section tracks a selection of books opposing or arguing against ESG investing. Click the links below for more information on each book.

  • Capitalist Punishment: How Wall Street is Using Your Money to Create a Country You Didn’t Vote For (2023) is a book by entrepreneur and political commentator Vivek Ramaswamy pushing back against President Joe Biden's (D) support for policies promoting ESG investing.[163]
  • Sustainable: Moving Beyond ESG to Impact Investing (2022) is a book by Terrence Keeley, a former BlackRock senior adviser, to express his concerns with the ESG investing model.[164]

Editorials, op-eds, and columns

This section tracks a selection of editorials, op-eds, and columns opposing or arguing against ESG investing.

  • RealClear Policy, "Canada’s Glass Lewis Shouldn’t Force Leftwing Politics on U.S. Companies": Derek Kreifels—the CEO of the State Financial Officers Foundation (SFOF) and an ESG opponent—argued in an op-ed June 26, 2024, that Glass Lewis' pick for its CEO hiring in May showed that the company aimed to force “Leftwing Politics on U.S. Companies.”[166]
  • Wall Street Journal: "Diversity Was Supposed to Make Us Rich. Not So Much": Wall Street Journal columnist James Mackintosh argued June 28, 2024, that a 2015 study linking executive diversity to corporate profitability was flawed and irreplaceable.[167]
  • Bloomberg Law: "Big Index Funds Need to Be Passive, Not Political: Editorial": Bloomberg’s editorial board argued in a May 2, 2024, opinion piece that passive investment funds should not actively vote the shares they hold or engage with corporate executives. The editors wrote that funds should allow end investors (who own shares of the fund) to vote their own proxies or default votes to mirror the preferences of company management or other shareholders.[168]
  • The Political Forum Institute: "The GOP’s ESG Strategy": Stephen Soukup, an ESG opponent and the author of The Dictatorship of Woke Capital, argued that some House Republicans were, in his view, already planning for Chevron’s reversal and preparing for a larger congressional role in SEC oversight.[169]
  • VoxEU: "Smoke and mirrors: A look inside ESG fund portfolios": Gianpaolo Parise and Mirco Rubin, professors from the EDHEC Business School in France, examined the portfolios of investment funds that claimed to consider ESG factors in their investments. The authors argued that many such funds were misleading regulators and clients about their holdings. The paper called the practice of overstating, in their view, ESG investment commitments “Green Window Dressing.”[170]
  • Financial Post: "Terence Corcoran: ‘Woke’ ESG regulations leading to policy chaos with worst yet to come": In a piece for Canada’s Financial Post, markets/finance writer Terence Corcoran argued that, while it was easy to talk like an advocate of ESG, global ESG reporting standards would, in his view, make business and markets more difficult and complicated.[171]
  • VettaFi Advisor Perspectives: "Aswath Damodaran: It’s Time to Retire the ESG Concept": At Morningstar's 2023 annual conference, Aswath Damodaran, a professor of finance at NYU’s Stern School of Business and ESG opponent, criticized ESG in a talk.[172]
  • Timothy M. Doyle: "ESG: 'Doing Good or Sounding Good?'": Timothy M. Doyle, a senior advisor at the Bipartisan Policy Center, interviewed Aswath Damodaran, professor of corporate finance and valuation at the NYU Stern School of Business and "one of the foremost academic critics of ESG.” Doyle published highlights from the conversation on November 22, 2022.[173]
  • The Wall Street Journal: "Sam Bankman-Fried Becomes an ESG Truth-Teller": On November 17, 2022, The Wall Street Journal Editorial Board turned comments from FTX Founder Sam Bankman-Fried criticizing ESG into an editorial.[174]
  • Rupert Darwall: "Proposed climate rule is bigger, badder deal than Manchin-Schumer climate bill": On October 15, 20222, The Hill carried a guest editorial by Rupert Darwall, a climate author and researcher and senior fellow at the RealClear Foundation. In it, Darwall argued that the Securities and Exchange Commission’s proposed environmental disclosure rules would be bigger, more expensive, and more intrusive than proponents argued.[175]
  • Derek Kreifels: "ESG Cancel Culture Comes for State Financial Officers": On October 8, 2022, Derek Kreifels, the Chief Executive Officer of the State Financial Officers Foundation (SFOF) appeared in RealClearPolitics to defend state treasurers who opposed ESG and to defend his organization against charges that it was spreading misinformation on those treasurers’ behalf.[176]
  • Hans Taparia: "One of the Hottest Trends in the World of Investing Is a Sham": On September 29, 2022, in a New York Times guest essay, Hans Taparia, a clinical associate professor at the New York University Stern School of Business, argued that ESG could benefit markets, investors, and stakeholders but that its practitioners were preventing that from happening. Taparia concluded that the system needed changed. “The current system,” he wrote, “needs an overhaul. Reform may not be as kind to corporate America, but it would make it easier to invest in the future of our society and planet.”[177]
  • Allen Mendenhall: "Post-ESG era for corporations, investment nears": In an opinion published on Fox News, Allen Mendenhall, an associate dean and Grady Rosier Professor in the Sorrell College of Business at Troy University, made the case that large asset management firms focused too much on sustainability and other ESG criteria and were doing a disservice to their clients and behaving unethically.[178]
  • The Federalist: The ‘ESG’ Scam Rates Slave-Using Chinese Firms Higher Than Clean American Energy Producers: In a June 28, 2022, piece published by The Federalist, Chuck Devore, a conservative commentator and the vice president of national initiatives at the Texas Public Policy Foundation, compared ratings issued by ESG giant MSCI for American companies and those issued for Chinese companies. Devore argued that his comparison showed a discrepancy that favored Chinese companies and, in his view, betrayed the spirit at the heart of the ESG movement.[179]
  • Wall Street Journal: “The ESG Investing Backlash Arrives”: On August 15, 2022, The Wall Street Journal published an editorial titled, “The ESG Investing Backlash Arrives,” which featured state AGs’ efforts to push back against BlackRock’s ESG program and the rise of “post-ESG” investment vehicles like Strive Asset Management.[180]
  • George Will argues against ESG: On June 22, 2022, conservative newspaper columnist George Will used his Washington Post column to address ESG and stakeholder capitalism.[181]
  • David Bahnsen writes about NYU finance professor Aswath Damodara's opposition to ESG: In an article that accompanied David Bahnsen's National Review-produced podcast with NYU finance professor Aswath Damodaran, Bahnsen wrote about “A few points I find worth highlighting for those interested in a deeper dive on the subject [of ESG],” including.[182]
  • Vivek Ramaswamy responds to proposed Biden administration ESG rule and potential impact on retirement plans: On July 19, 2022, Vivek Ramaswamy, the author, entrepreneur, and executive chairman of Strive Asset Management, and Alex Acosta, the former Trump administration Secretary of Labor wrote a piece for the Wall Street Journal in which they made the case that the Biden Administration’s plans for a rule on ESG investments in retirement plans were likely, in their view, to be problematic for investors and create a tax on retirement accounts. The two wrote the following.
  • New York Post: "The New York Times’ cluelessness just hit a new high": On August 5, the New York Times ran an investigative report on the people and organizations that it argued were, in its words, weaponizing public offices to push back against ESG.[183] On August 7, 2022, the New York Post responded with an editorial critiquing its crosstown rival, declaring that “The New York Times’ cluelessness just hit an astounding new high.”[184]

Scholarly articles

This section tracks a selection of scholarly articles opposing or arguing against ESG investing.

  • SSRN, "ESG Ratings of ESG Index Providers": This research paper from Columbia Business School argues that a number of companies that earn a significant portion of their revenue from ESG rating services tend to rank businesses with better stock performance more favorably on ESG indexes. The researchers’ conclusions suggest that MSCI—a leading ESG rating service—has a strong financial incentive that impacts its ESG ratings.[185]
  • Rock Center for Corporate Governance at Stanford University, "ESG Ratings: A Compass without Direction": On August 4, 2022, David Larcker and Brian Tayan of Stanford, Edward Watts of the Yale School of Management, and Lukasz Pomorski of AQR Capital Management published a paper examining the reliability and effectiveness of ESG ratings. The paper, titled “ESG Ratings: A Compass without Direction,” found that ratings tended to fall short of their claims on both counts.[186]
  • European Corporate Governance Institute (ECGI), "Is History Repeating Itself? The (Un)Predictable Past of ESG Ratings": In a press release late June 2022, the Sloan School of Management at MIT touted a paper co-authored by the school’s Florian Berg that purported to show that positive ESG return-on-investment was less about actual returns and more about retroactive fiddling with ESG scores.[187]
  • Harvard Business Review, “An Inconvenient Truth About ESG Investing”: In late March, the Harvard Business Review published a piece by Sanjai Bhagat, the Provost Professor of Finance at the University of Colorado. Whereas most finance-derived critiques of ESG had focused on the questionable nature of the investment technique’s promise to deliver better-than-market returns, Bhagat focused instead on its capacity to effect actual environmental or social change.[188]

Think tank activity

This section tracks a selection of think tank white papers and initiatives opposing or arguing against ESG investing.

  • AAF report argues BlackRock mismanaged Oklahoma pensions: The American Accountability Foundation—an organization opposing ESG—released a report in late June 2024 arguing that BlackRock used Oklahoma public pensions to advance political goals instead of focusing on investment returns.[189]
  • American Energy Institute releases new study supporting Oklahoma anti-ESG law: The American Energy Institute (AEI) released a study in June 2024 that offered different findings than an April 2024 study by the Oklahoma Rural Association (ORA) regarding the effect of Oklahoma’s 2022 anti-ESG law (the Energy Discrimination Elimination Act) on local government borrowing. The ORA study argued that the law increased borrowing costs for municipalities in the state by 15.7%. The June AEI study argued that the ORA study was “riddled with flaws and omissions that skewed its findings.”[190]
  • CTUP releases second annual report on ESG proxy voting: The Committee to Unleash Prosperity (CTUP)—an organization opposing ESG—in May 2024 released the second edition of its investment company proxy voting and ESG report card. The report argued companies were starting to move away from ESG practices and proxy votes.[191]
  • State Financial Officers Foundation launches two anti-ESG organizations: The State Financial Officers Foundation (SFOF)—a nonprofit organization opposing ESG in state finances, especially among state treasurers, comptrollers, and auditors—announced in late April 2024 the formation of two affiliated organizations: SFOF Action and the Public Fiduciaries Network.[192][193]
  • Think tanks argue unions use ESG to divide employees and employers: F. Vincent Vernuccio—the president of the Institute for the American Worker—and Sam Adolphsen—the policy director for the Foundation for Government Accountability—argued in an op-ed for The New York Post that unions used ESG pressure to create tension between employers and employees, even where no such tension existed before.[194]
  • Buckeye Institute argues ESG hurts farmers and consumers: The Buckeye Institute—a Columbus, Ohio-based think tank—published a report February 7, 2024, arguing that ESG hurts farmers and agriculture and drives up the prices of food and other consumer goods.[195]
  • American Accountability Foundation reports on new pushback against ESG opposition: The American Accountability Foundation—a nonprofit opposing ESG—penned a report suggesting that some ESG supporters were aiming to push back against the ESG opposition movement through corporate resolutions that proposed revoking business support for conservative nonprofits, think tanks, and other organizations.[196]
  • Heritage Foundation launches an initiative against ESG: The Heritage Foundation, one of the oldest conservative think tanks in Washington, D.C., decided to launch an initiative to fight back against ESG investing. The move was announced on September 1, 2022.[197]

Notable media coverage of opposition to the ESG investment movement

This section tracks a selection of news stories that cover opposition to or discuss pushback against the ESG investing movement. Click the links below to read the full stories on the publisher's website.

Asset Management Companies established in opposition to ESG and the ESG investing movement

This section tracks asset management companies established in opposition to ESG and the ESG investing movement. Such companies generally pledge to only consider financial factors in their investment decisions. Click the links below to read the full stories.

See also

Footnotes

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