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Home > Texas Law Against Firms Boycotting Fossil Fuels Declared Unconstitutional

Texas Law Against Firms Boycotting Fossil Fuels Declared Unconstitutional [1]

"A federal district judge on Wednesday declared a 2021 law restricting state investments in companies boycotting the fossil fuel industry unconstitutional, calling it “facially overbroad” and citing First and Fourteenth Amendment concerns.

Legislators passed Senate Bill 13 as a way of discouraging divestment from oil and gas companies, as financial figureheads at the time had signaled they intended to make climate change initiatives a larger factor in their investment considerations. The law requires the comptroller’s office to maintain a list of financial firms that refuse, terminate or penalize business with a fossil fuel company “without ordinary business purpose.” SB 13 is commonly referred to as an “anti-ESG” law, which stands for “environmental, social and governance.”

U.S. District Judge Alan Albright delivered the summary judgment, and affirmed in the 12-page order that the way SB 13 determined what constituted boycotting a company was too broad and undermined free speech protections of firms affected."

Ayden Runnels reports for the Texas Tribune February 5, 2026. [2]

SEE ALSO:

"Federal Judge Blocks Texas Law Targeting Critics of Fossil Fuels" (New York Times) [3]

Activism [4]
Energy & Fuel [5]
Environmental Politics [6]
Laws & Regulations [7]
National (U.S.) [8]
Southwest (AZ NM OK TX) [9]
Public [10]
Source: Texas Tribune [2], 02/06/2026
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Source URL:https://www.sej.org/headlines/texas-law-against-firms-boycotting-fossil-fuels-declared-unconstitutional

Links
[1] https://www.sej.org/headlines/texas-law-against-firms-boycotting-fossil-fuels-declared-unconstitutional [2] https://www.texastribune.org/2026/02/04/texas-investment-divest-boycott-fossil-fuels-lawsuit-ruling-esg/ [3] https://www.nytimes.com/2026/02/05/climate/texas-esg-lawsuit.html [4] https://www.sej.org/category/topics-beat/activism [5] https://www.sej.org/category/topics-beat/energy [6] https://www.sej.org/category/topics-beat/environmental-politics [7] https://www.sej.org/category/topics-beat/laws [8] https://www.sej.org/category/region/national [9] https://www.sej.org/category/region/national/southwest [10] https://www.sej.org/taxonomy/term/81