States Challenge Labor Department Rule on ESG Considerations in Retirement Plans


  • A group of 26 U.S. states, headed by Texas and Utah, have appealed to a U.S. court to withhold any decisions concerning a Labor Department rule until the Supreme Court rules on agency powers, which is expected by end of June.
  • The states argue that the rule, finalized in November 2023, misuses political agendas in investment decisions therefore affecting retirement incomes of millions.
  • The Supreme Court recently listened to a case debating a government herring overfishing monitoring program which may impact the interpretation of existing U.S. law and the concept of ‘Chevron deference’.

States Appeal for Stay on Labor Department Rule

On Thursday, a faction of 26 American states, spearheaded by Utah and Texas, lodged a late-night appeal in a U.S. court. They requested a postponement of the verdict to block a specific rule issued by the U.S. Department of Labor. This decision was to be taken pending the Supreme Court’s resolution regarding agency powers, anticipated by end June.

‘Chevron deference’ and its Implication

Only a day before, the Supreme Court had entertained an argument pertaining to a government-backed program designed to prevent herring overfishing in the vicinity of New England. The court was approached by two fishing companies who urged the justices to either restrict or annul the Supreme Court’s 1984 legal mandate. This mandate required judges to abide by plausible federal agency interpretations of ambiguous U.S. laws, otherwise coined as ‘Chevron (NYSE:) deference’.

Judge Kacsmaryk’s Findings and State Opposition

Matthew Kacsmaryk, a Texas-based U.S. District Judge, previously pronounced in September 2023 that the legislation that presides over retirement plans did not sufficiently clarify whether such plans could weigh environmental, social, and corporate governance (ESG) factors while making investment decisions.

The states contested Kacsmaryk’s judgment on Thursday, emphasizing that Chevron deference was not pertinent to the case as the federal law explicitly mandates retirement plans to act solely and exclusively for the financial benefit of the participants.

Political agendas being deliberately introduced into investment decisions that could potentially affect the retirement savings of millions was ruled as inappropriate by the states. Also party to the case are a Liberty Energy’s subsidiary and an oil and gas trade association.

Possible Impact on Forex and Trading

A reversal of restrictions initially introduced by former US President Donald Trump’s administration has been engineered by the rule, officially enacted in November 2023. This rule presides over plans that cumulatively invest $12 trillion for over 150 million people. The U.S. Department of Justice, assigned to defend the ESG rule, was not immediately available for comment.

The filing by the states exemplifies the far-reaching impact that the potential overruling of Chevron deference could have, potentially complicating the defense of federal agency rules in court. This could potentially have an impact on the forex market and could affect assets related to ESG and retirement investment portfolios.

Supreme Court Stance

The Supreme Court in 2022 granted a noteworthy triumph to the move to curb the power of the ‘administrative state’, a term thrown around by conservatives and commercial groups, with a ruling stipulating that policies involving ‘major questions’ with societal implications should be reserved for the Congress and not federal agencies.

However, during the Wednesday arguments, there was no clear indicator that the justices were in favor of overturning the Chevron deference. Certain conservative justices indicated skepticism of its continuing relevance, while others demonstrated hesitation about reversing it entirely.

PIP Penguin