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ERISA and the Challenges of Using ESG in Retirement Plan Investing (PDF)
Morgan Lewis, via Reuters Legal News Link to more items from this source
Sept. 22, 2021

"[The DOL] has consistently taken a position that ... ESG criteria can only be applied to retirement plan investing if the criteria otherwise meet these duties of prudence and loyalty ... Under this framework, an ERISA fiduciary could risk violating ERISA if he or she used ESG solely to achieve a political or social outcome without demonstrating that the criteria were part of an appropriate investment process and based on the best interests of the employees in the plan."

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