Parties Argue ESG Investing Rule’s Tiebreaker Provision Before 5th Circuit Panel

(July 10, 2024, 1:56 PM EDT) -- NEW ORLEANS — In July 9 oral argument before a Fifth Circuit U.S. Court of Appeals panel regarding a 2022 U.S. Department of Labor (DOL) investment rule concerning environmental, social and governance (ESG) factors, the parties acknowledged but did not primarily focus on a recent U.S. Supreme Court decision overturning a deference doctrine that was relied on in the challenged opinion upholding the rule....