Retirement expert calls on court to toss DOL ESG rule lawsuit

By Brian Croce
Source: Pensions & Investments

The Department of Labor’s new rule permitting retirement plan fiduciaries to consider climate change and other ESG factors when selecting investments and exercising shareholder rights is based on sound legal footing and a lawsuit seeking to overturn it should be dismissed, retirement expert J. Mark Iwry said in a court filing.

The new rule — Prudence and Loyalty in Selecting Plan Investments and Exercising Shareholder Rights — took effect Jan. 30 and allows ERISA fiduciaries to consider environmental, social and governance factors. It also maintains the department’s position that fiduciaries may not sacrifice investment returns or assume greater investment risks as a means of promoting collateral social policy goals.

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