GOP Attorneys General Question BlackRock on Fiduciary, Antitrust Concerns

Nineteen Republican state attorneys general signed a letter to BlackRock seeking ‘clarification on actions that appear to have been motivated by interests other than maximizing financial return.’



A group of 19 Republican state attorneys general have written a letter to BlackRock stating that the asset manager is using state pension fund assets in environmental, social and governance investments that “force the phase-out of fossil fuels, increase energy prices, drive inflation and weaken the national security of the United States.”

The eight-page letter outlines how the group believes BlackRock is using “the hard-earned money of our states’ citizens to circumvent the best possible return on investment.”

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“Our states will not idly stand for our pensioners’ retirements to be sacrificed for BlackRock’s climate agenda. The time has come for BlackRock to come clean on whether it actually values our states’ most valuable stakeholders, our current and future retirees, or risk losses even more significant than those caused by BlackRock’s quixotic climate agenda,” the letter says.

The attorneys general asked BlackRock to respond by August 19.

BlackRock, in a statement, said that it manages money on behalf of its clients and helps them navigate investment risks.

“The money we manage is not our own,” a BlackRock spokesperson said in a statement. “It belongs to our clients, many of whom make their own asset allocation and portfolio construction decisions. We offer a range of products and strategies to achieve their desired outcomes…Many of our clients are choosing to invest in a mix of traditional energy companies, natural gas infrastructure, renewables and new decarbonization technologies because of the investment opportunities stemming from their crucial role in the economy.”

“Earlier this year, we further expanded client choice by offering interested institutional clients, including all US public pension clients, the ability to directly vote their shares. Clients entrusting us with $530 billion, more than a quarter of our institutional clients’ equity index assets, have taken this option,” the spokesman added.

Texas Attorney General Ken Paxton, in a statement about the letter, said “‘ESG’ goals, while ostensibly well-intentioned, make little economic sense, and have a direct adverse effect on Texas’s oil and gas economy and state pension fund performance. BlackRock’s actions may also violate state and federal law.”

In their letter, the attorneys general outline their belief that BlackRock’s claimed neutrality on energy investments “differs considerably” from the asset manager’s public commitments to organizations like the Net Zero Managers Alliance and the goals of the 2015 Paris Agreement on climate change.

“Accelerating and delivering the goals of the Paris Agreement across all assets under management through an escalation and voting strategy is a far cry from neutrality,” the letter states.

The letter also outlines several areas where the attorneys general question whether BlackRock may be in violation of state laws on maximizing financial returns to investors, including the fiduciary duties of loyalty and care.

“The stated reasons for your actions around promoting net zero, the Paris Agreement, or taking action on climate change indicate rampant violations of this duty, otherwise known as acting with ‘mixed motives,’” the letter states.

The letter also suggests that BlackRock’s content raises “antitrust concerns.”

“BlackRock’s actions appear to intentionally restrain and harm the competitiveness of the energy markets,” the letter says. “These antitrust concerns are especially acute because BlackRock and other asset managers affirmatively tout their market dominance.”

In addition to Paxton of Texas, signatories include attorneys general from Arizona, Nebraska, Alabama, Arkansas, Georgia, Idaho, Indiana, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Montana, Ohio, Oklahoma, South Carolina, Utah and West Virginia.

Light 401(k) Trades in July Even as Wall Street Posts Strong Month

The latest data from Alight Solutions shows there were no above-normal trading days.



Alight Solutions has published the July update of its 401(k) Index, which notes that it was a light trading month for investors.

There were no above-normal trading days this month, even as Wall Street posted its best month since November 2020, Alight’s update says. Stable value funds topped inflows at 59%, while 54% of outflows were from target-date funds.

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On average, 0.008% of 401(k) balances were traded daily, compared to an average of 0.015% last month. Investors favored moving assets into fixed-income funds during 13 out of 20 trading days. Trading inflows mainly went to stable value, money market and large U.S. equity funds, while outflows were primarily from target-date, bond and company stock funds, the update says.

After reflecting market movements and trading activity, average asset allocation in equities increased from 67.7% in June to 68.6% in July. New contributions to equities decreased from 68.7% in June to 68.5% in July.

According to the index, a “normal” level of relative transfer activity is when the net daily movement of participants’ balances, as a percent of total 401(k) balances within the index, equals between 0.3 times and 1.5 times the average daily net activity of the preceding 12 months. A “high” relative transfer activity day is when the net daily movement exceeds two times the average daily net activity. A “moderate” relative transfer activity day is when the net daily movement is between 1.5 and two times the average daily net activity of the preceding 12 months.

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