Texas and 10 other Republican-led states have filed a lawsuit against asset management giants BlackRock, Vanguard, and State Street, accusing them of violating antitrust laws through climate activism that allegedly curtailed coal production and drove up energy prices.
The lawsuit, filed Wednesday (27 November) in federal court in Tyler, Texas, challenges the companies’ environmental, social, and governance (ESG) initiatives. The complaint claims the firms leveraged their market power and participation in climate advocacy groups to pressure coal companies into cutting output and reducing carbon emissions by more than 50% by 2030, which the states argue increased utility costs for consumers.
“Competitive markets — not the dictates of far-flung asset managers — should determine the price Americans pay for electricity,” the complaint said.
The lawsuit accuses the defendants of using their involvement in groups like the Net Zero Asset Managers Initiative and Climate Action 100+ to advance a “politicised environmental agenda.”
It claims this agenda undermines competition and coal production, citing the firms’ significant stakes in major coal companies, such as Arch Resources (34.2%) and Peabody Energy (30.4%), the largest publicly traded US coal producers.
The states also criticised BlackRock for allegedly misleading investors by claiming its non-ESG funds prioritised shareholder value while purportedly using all holdings to advance climate goals.
BlackRock dismissed the claims, stating that accusations it invested in coal producers to harm them were “baseless and defy common sense.” It also warned that the lawsuit could tarnish Texas’ pro-business reputation and deter investment in critical industries. Vanguard and State Street have not commented on the lawsuit.
Republicans have increasingly targeted alleged collusion among investment firms to promote climate goals, arguing these efforts violate US antitrust laws. In contrast, climate advocates view the incorporation of environmental risks as essential to sound investment practices.
The lawsuit comes after BlackRock, Vanguard, and State Street collectively exited certain climate advocacy groups, including Vanguard leaving the Net Zero Asset Managers Initiative in 2022 and BlackRock and State Street departing from Climate Action 100+ earlier this year. However, the complaint alleges these withdrawals do not mitigate the “ongoing and future threat” of their ESG policies.
The lawsuit seeks to prevent the firms from using their investments to influence shareholder resolutions or take actions that could limit coal production and market competition. Additionally, the states are pursuing civil fines for alleged violations of federal antitrust and Texas consumer protection laws.
The case, ‘Texas et al v BlackRock Inc et al’, is being heard in the U.S. District Court for the Eastern District of Texas under case number 24-00437. The 11 states also include Alabama, Arkansas, Indiana, Iowa, Kansas, Missouri, Montana, Nebraska, West Virginia and Wyoming.
