Another State Takes On BlackRock, Claiming 'Fraudulent Action' With Its ESG Policies As ESG Backlash Intensifies Against Biden's Wishes

ESG, which stands for environmental, social and governance, has long been a polarizing topic in the investment community.

Last year, President Joe Biden used his first veto to block a Republican-led proposal to stop pension fund managers from using ESG factors such as climate change to make investment decisions.

"I just signed this veto because the legislation passed by the Congress would put at risk the retirement savings of individuals across the country," Biden said in a video posted on X.

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U.S. states are taking the fight to court.

Late last year, Tennessee sued BlackRock Inc. BLK, alleging the world's largest asset manager made "inconsistent statements about its investment strategies [that] deprived consumers of the ability to make an informed choice," calling the statements "misleading."

While BlackRock rejected the claims, saying the company "fully and accurately [discloses] our investment practices and our approach to proxy voting," the backlash has continued.

Mississippi is now seeking a multimillion-dollar penalty against BlackRock aimed at stopping "fraudulent action" and claiming BlackRock makes "untrue and misleading statements" focused on "pushing environmental, social and governance (ESG) factors on portfolio companies."

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Mississippi's action follows Florida, Louisiana and Missouri announcing plans to revoke investment mandates from BlackRock, citing concerns the company is putting ESG over investor returns. 

It's not just states arguing against ESG. Tesla Inc. TSLA CEO Elon Musk proclaimed that "ESG is the devil," furious that a tobacco company like Philip Morris International Inc. PM had higher ESG scores than Tesla, a pioneer in electric vehicles.

The backlash against BlackRock has impacted its business. CEO Larry Fink disclosed last year that the company lost about $4 billion in assets under management resulting from anger over its ESG policies.

While the broader market tracked by the SPDR S&P 500 ETF Trust SPY has surpassed its prior 2021 high, BlackRock still trades around 14% off its all-time highs.

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