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Financial Services Law Insights and Observations

States launch investigation into banks’ ESG investing and banking

State Issues State Attorney General ESG U.N. CID

State Issues

On October 19, a coalition of 19 state attorneys general, led by Missouri, Arizona, Kentucky, and Texas, announced that six large U.S. banks were served civil investigative demands (CIDs) asking for information related to their involvement with the U.N.’s Net-Zero Banking Alliance (NZBA). The Missouri AG’s office, which has led the opposition against ESG (environmental, social, governance) investing and banking practices, stated that NZBA-member banks are required to set emissions reduction targets in their lending and investment portfolios to reach net zero by 2050. According to the Missouri AG, the NZBA serves to “starve companies engaged in fossil fuel-related activities of credit on national and international markets” by requiring banks to cede authority to the U.N. The CIDs seek information from the banks on topics related to, among other things, (i) their involvement in affiliated global climate initiatives; (ii) how NZBA and Principles for Responsible Banking objectives have been incorporated into their operations; and (iii) the extent to which the banks have fulfilled their “commitment to ‘facilitat[e] the necessary transition in the real economy through prioritizing client engagement and offering products and services to support clients’ transition,’” as well as their “commitment to ‘engag[e] on corporate and industry (financial and real economy) action, as well as public policies, to help support a net-zero transition of economic sectors in line with science and giving consideration to associated social impacts.’”