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NYC pension case tees up first test of GOP fiduciary duty theory 

Eugene Scalia
Eugene Scalia, lead counsel for the plaintiffs, has been a leading voice in the anti-ESG lobby. Photo: Caroline Brehman-Pool/Getty Images

Amy D. Roy | Ropes & Gray, Robert A. Skinner | Ropes & Gray

3 min read
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All eyes are on a US legal clash that could rule ESG considerations a breach of fiduciary duty.

For nearly two years, Republican officials and conservative commentators have proclaimed in various settings that consideration of environmental, social and governance (ESG) factors in investing is in breach of the fiduciary duties owed by asset managers and pension officials. While this legal theory has been cited in the issuance of state

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