Senators demand breathing space for US investors on ESG restriction

9 July 2020

Elizabeth Pfeuti

EU regulation

Investors could get more time to pore over a controversial new Department of Labor (DOL) rule that could have severe negative implications for US ESG investing, after two Democratic lawmakers have stepped in.

As it stands, the public have just 30 days to comment on the recently-announced rule, which Senator Patty Murray and Representative Bobby Scott have complained is not enough time.

In a jointly-written letter, the pair have said the 30-day comment period was “an insufficient time for the American public to review and respond to a complex, 123-page proposed rule”.

U.S. Representative Bobby Scott

The pair also wrote that the DOL had a duty to the public to “meaningfully engage with people about their concerns” instead of “rushing through a rule that would seriously damage the retirement security of people across the country”.

Announced at the end of June, the rule proposed by the DOL would see US pension funds inhibited from making ESG investments unless they could satisfy that this was for a purely financial return.

Essentially, the amendment would stipulate that the risk mitigation or opportunity of an ESG-focused investment must be clear enough for it to fall within the generally accepted standards around asset management and portfolio strategies. Otherwise it would not be classed as targeting financial return or risk management.

In their letter, the lawmakers have noted that the Obama administration provided extensions on the comment periods for fiduciary rules proposed in 2010 and 2015. As a result, Murray and Scott are asking for at least 60 more days for investors to have a say.

The DOL’s stance (announced with Secretary of Labor Eugene Scalia saying: “Private employer-sponsored retirement plans are not vehicles for furthering social goals or policy objectives that are not in the financial interest of the plan”) is very different to that being adopted in many other markets.

For instance, in the UK regulators are pressing forward with guidelines on how asset managers and other institutional investors need to identify, monitor and manage climate change risk in their portfolios, with their actions also overseen by a multi-regulator taskforce.

Latest News

SHareholder meeting

Anthropic IPO raises disclosure and governance questions ahead of Nasdaq listing

SHareholder meeting

CSDDD consultation results sharpen investor focus on implementation

SHareholder meeting

Revised German Corporate Governance Code 2026 to preserve key transparency expectations

SHareholder meeting

Delaware proposes tighter shareholder proposal regime if SEC scraps Rule 14a-8

SHareholder meeting

UK DWP consultation on draft trustee guidance backs broader view of fiduciary duty

SHareholder meeting

Texas pulls proxy advisor lawsuit as future of SB 2337 cases grows uncertain

Featured Briefings

Minerva Briefing

Australia 2026 AGM Season Preview

Minerva Briefing

2026 United States of America Proxy Season Review

Minerva Briefing

US SEC Rule 14a-8 Rescission Proposal

Minerva is a global provider of sustainable stewardship solutions with over 30 years of expertise. Minerva empowers investors by providing essential tools, including ESG research and data and expert insights, enabling them to navigate the intricate and ever-evolving landscape of stewardship and proxy voting, whilst ensuring their decisions are well-informed and aligned with sustainable principles.

Related Stories

German Corporate Governance Code 2026 Changes

Revised German Corporate Governance Code 2026 to preserve key transparency expectations

November 12, 2026
Read More
ICCR and Rule 14a-8 rescission proposal

ICCR urges investors to encourage company support against Rule 14a-8 rescission proposal

October 28, 2026
Read More
 International Sustainability Standards Board (ISSB) and IFRS

Fifteen financial institutions push ISSB towards dedicated Nature Standard

October 27, 2026
Read More
NA100 benchmark

NA100 benchmark shows nature commitments progress as investors strengthen engagement efforts

October 23, 2026
Read More
Tesla

Tesla’s 2026 AGM sees no shareholder proposals for first time in over a decade

October 22, 2026
Read More
Procter & Gamble shareholder rights proposals

Procter & Gamble shareholder rights proposals draw significant support

October 22, 2026
Read More