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DOL's ESG Rule Attacked on Multiple Fronts
Ropes & Gray LLP Link to more items from this source
Feb. 9, 2023

"Given that the plaintiffs have filed their lawsuit in a forum that has displayed an antipathy toward many federal agency actions in recent years and the impending legislation to overrule the 2022 Rule, asset managers, plan sponsors and other fiduciaries may wish to monitor this litigation, while they at the same time remain mindful of the now-effective 2022 Rule. If Congress successfully deploys the Congressional Review Act, the DOL would be prohibited from engaging in further rulemaking substantially similar to the nullified rule[.]" [Utah v. Walsh, No. 223-00016, (N.D. Tex. complaint filed Jan. 26, 2023)]

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