Nov 27 (Reuters) - BlackRock ( BLK ), Vanguard and State
Street have been sued by Texas and 10 other
Republican-led states, which said the large asset managers
violated antitrust law through climate activism that reduced
coal production and boosted energy prices.
Wednesday's complaint filed in the federal court in Tyler,
Texas, is among the highest profile lawsuits targeting efforts
to promote environmental, social and governance goals, or ESG.
The defendants were accused of exploiting their market
power and involvement in climate advocacy groups to pressure
coal companies to slash output and reduce carbon emissions from
coal by more than 50% by 2030, driving up consumers' utility
bills.
"Competitive markets -- not the dictates of far-flung
asset managers -- should determine the price Americans pay for
electricity," the states said in the complaint.
BlackRock ( BLK ), State Street and Vanguard together have more
than $26 trillion of assets under management.
None of the companies immediately responded to requests
for comment.
The 11 states also include Alabama, Arkansas, Indiana,
Iowa, Kansas, Missouri, Montana, Nebraska, West Virginia and
Wyoming.
Republicans have long explored using U.S. antitrust laws
to target alleged collusion among investment managers to advance
climate-related goals.
Climate advocates, in contrast, view assessing environmental
risks as essential to assessing what investments are worth.
BIG STAKES IN COAL COMPANIES
The states objected to BlackRock ( BLK ), State Street and
Vanguard allegedly pressuring coal companies for change starting
in 2021.
They also criticized the defendants' membership in the
Net Zero Asset Managers Initiative, which says members are
committed
to complying with all antitrust laws, and BlackRock's ( BLK ) and
State Street's membership in Climate Action 100+.
Vanguard left the Net Zero initiative in 2022, while
BlackRock ( BLK ) and State Street left Climate Action 100+ in February.
But the states said the withdrawals did not negate the
"ongoing and future threat" of continued pressure.
It cited the defendants' investments in nine coal
companies, including combined respective stakes of 34.2% and
30.4% in Arch Resources ( ARCH ) and Peabody Energy ( BTU ), the
largest publicly traded U.S. coal producers.
BlackRock ( BLK ) was also accused in the lawsuit of "actively
deceiving" investors about its non-ESG funds by promising to
dedicate them to enhance shareholder value, when it allegedly
used all its holdings to advance its climate goals.
The lawsuit seeks to block BlackRock ( BLK ), State Street and
Vanguard from using their investments to vote on shareholder
resolutions and take other steps that could undermine coal
output and limit market competition.
It also seeks civil fines for violating federal
antitrust and Texas consumer protection laws.
The case is Texas et al v BlackRock Inc ( BLK ) et al, U.S.
District Court, Eastern District of Texas, No. 24-00437.