Sarah L. Lode

1 month ago | jdsupra.com | Sarah L. Lode |Samuel A. Rasche |J. Michael Showalter

A Biden-era US Department of Labor (DOL) Rule permitting consideration of environmental, social, and governance (ESG) factors when choosing investments as a “tiebreaker” was recently upheld by Texas federal Judge Matthew Kacsmaryk. This decision applied the US Supreme Court’s 2024 ruling in Loper Bright v. Raimondo, revisiting three topics lost in 2025’s Department of Government Efficiency-era drama.

1 month ago | afslaw.com | J. Michael Showalter |Sarah L. Lode |Samuel A. Rasche

On With a February 14 decision, Judge Kacsmaryk upheld the Biden-era Rule allowing retirement plan fiduciaries to consider ESG factors when choosing investments as a “tiebreaker.” In other words, when all other considerations for competing investments are equal. The court held that the Rule was in accordance with a strict reading of the Employment Retirement Income Security Act of 1974 (ERISA). The decision is available here.

2 months ago | jdsupra.com | Sarah L. Lode |Samuel A. Rasche |J. Michael Showalter

The Trump Administration is beginning to roll out its policy plans to “dominate” the global energy space. These plans tackle energy transition issues in a dramatically different manner than did the Biden Administration, particularly by leaning into fostering the development of resources, including fossil fuels, nuclear, and hydroelectric power that provide reliable “baseload” supply. This comes as no surprise given President Trump’s promise to “drill, baby, drill” at the inauguration.

2 months ago | afslaw.com | J. Michael Showalter |Samuel A. Rasche |Sarah L. Lode

On We previously reported on the Trump Administration’s early plans for energy policy, and in the weeks since those plans are coming into sharper focus. Key policy blueprints include the following:A memorandum released by US Department of Energy (DOE) Secretary Chris Wright on February 5 classified as a plan for “Unleashing the Golden Era of American Energy Dominance” and framing out DOE’s initial slate of actions.