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A Biden-era Labor Department rule that permits environmental, social, and corporate governance (ESG) factors to be considered by retirement fund managers when they’re choosing investments for 401(k) plans was again upheld by a Texas federal judge in Amarillo, Texas. The DOL’s ESG rule has been challenged since it took effect January 30, 2023. But the judge essentially rejected arguments by 26 Republican state attorneys general, whose challenge to the regulation had been sent back to the district court by the Fifth Circuit.

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Lynn Cavanaugh

Lynn Varacalli Cavanaugh is Senior Editor, Retirement at BenefitsPRO. She has worked for major firms in the employee benefits space, Vanguard and Willis Towers Watson, as well as top media companies, including Condé Nast, American Media and Harris Publications.

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