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ERISA fiduciaries have long sought guidance from the DOL as to whether environmental, social, and governance (ESG) factors may be considered in their investment decision-making. In 2020, the DOL issued a final rule requiring ERISA fiduciaries to consider solely pecuniary factors. In this article, Morgan Fox discusses a recently proposed rule under the new Administration that eases the restrictions and provides greater leeway for ERISA plan fiduciaries to consider ESG factors.
ERISA, ESG Investing
Labor and Employment Law | Law
Fox, Morgan, "ESG Investing: May ERISA Plan Fiduciaries Consider Environmental, Social, and Governance Factors When Making Investment Decisions?" (2021). SLU Law Journal Online. 83.