Challengers To DOL’s ESG Investing Rule Urge 5th Circuit To Issue Reversal

( January 22, 2024, 11:09 AM EST) -- NEW ORLEANS — A group of states, companies and individuals who unsuccessfully challenged the U.S. Department of Labor’s 2022 investment rule concerning environmental, social and governance (ESG) factors are urging the Fifth Circuit U.S. Court of Appeals to reverse summary judgment and vacate the rule, contending that “[a]llowing consideration of collateral factors as a tiebreaker violates” the Employee Retirement Income Security Act....