Texas Anti-ESG Law Declared Unconstitutional
Analysis based on 9 articles · First reported Feb 05, 2026 · Last updated Feb 05, 2026
The ruling declaring United States===Texas's anti-ESG law unconstitutional is a positive development for financial firms like BlackRock, JPMorgan Chase, and State Street, potentially reducing pressure on them to alter their ESG investment policies. It also signals a shift in the regulatory landscape for sustainable businesses, affirming their right to consider climate risk in investment decisions.
A federal district judge, Alan Albright, declared United States===Texas's 2021 law, Senate Bill 13, unconstitutional. This law restricted state investments in companies boycotting the fossil fuel industry, commonly referred to as an 'anti-ESG' law. The judge cited First and Fourteenth Amendment concerns, stating the law was 'facially overbroad' and 'unconstitutionally vague', and had led to 'discriminatory enforcement'. The American Sustainable Business Coalition filed the lawsuit against former United States===Texas Comptroller Glenn Hegar and Attorney General Ken Paxton, alleging free speech and due process violations. The ruling is seen as a 'massive win' for sustainable businesses and investors, though the acting United States===Texas Comptroller, Kelly Hancock, has stated the state will appeal the decision. The law had previously caused state investment funds, including the United States===Teacher Retirement System of Texas and the United States===Texas Permanent School Fund, to divest billions from firms.
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