November 7, 2024

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Constitutional challenge to Texas anti-ESG law filed in federal court

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Constitutional challenge to Texas anti-ESG law filed in federal court

A business group filed a lawsuit Thursday challenging the constitutionality of a 2021 Texas law that punishes banks and other financial firms for “boycotting” the fossil fuel industry.

The case, brought by the American Sustainable Business Council against Texas Comptroller Glenn Hegar and Attorney General Ken Paxton in federal court in Austin, claims the law violates free speech and association rights protected under the First and Fourteenth Amendments of the U.S. Constitution. 

The lawsuit comes after enforcement of a similar law enacted by Oklahoma in 2022 was , which seeks a transition to net-zero greenhouse gas emissions by 2050. In January, the attorney general banned Barclays from underwriting debt.