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U.S. District Judge Matthew Kacsmaryk in Amarillo, Texas, declined to block the rule, which took effect Jan. 30. The judge granted a petition by President Joe Biden's administration to dismiss the Republican-led states' lawsuit claiming the rule will jeopardize millions of Americans' retirement savings. Kacsmaryk in a 14-page opinion rejected the states' claim that the rule violates the federal law governing retirement plans. The rule still requires that financial considerations come first, and does not create "an overarching regulatory bias in favor of ESG strategies," the judge wrote. Kacsmaryk, a Trump appointee, in March rejected the Biden administration's claim that the states were improperly "judge shopping" by filing the lawsuit in Amarillo, where Kacsmaryk is the only judge.
Persons: Joe Biden, Kevin Lamarque, Matthew Kacsmaryk, Joe Biden's, Biden, Donald Trump's, Trump, Daniel Wiessner, Dan Whitcomb, David Gregorio, Lincoln Organizations: Major Economies, White, REUTERS, Companies Liberty Energy, Biden, U.S, District, Republican, U.S . Department of Justice, Liberty Energy Inc, Democrat, Trump, Thomson Locations: Energy, Washington , U.S, Texas, Amarillo , Texas, Utah, New Orleans, Amarillo
Companies Liberty Energy Inc FollowFeb 22 (Reuters) - A coalition of Republican-led states has asked a federal judge to block a Biden administration rule allowing retirement plans to consider environmental, social and corporate governance (ESG) factors in selecting investments pending the outcome of their legal challenge. The 25 states in a motion filed in Amarillo, Texas federal court on Tuesday said the rule, which took effect Jan. 30, could lead to millions of Americans losing retirement investments and harm states' finances. The Biden administration has moved to transfer the lawsuit to a different court, accusing the states of engaging in judge shopping. An appointee of Republican former President Donald Trump, Kacsmaryk has previously struck down Biden administration rules on immigration and healthcare protections for LGBTQ people. The ESG rule makes it easier for retirement plans to invest in socially-responsible funds and companies, though it also requires traditional financial considerations.
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