In ESG Debate, Some See Threat to Livelihood, Traditional Values

In ESG Debate, Some See Threat to Livelihood, Traditional Values
Kentucky State Treasurer Allison Ball in front of the Kentucky State Capitol in Frankfort, Ky., on Dec. 14, 2022. Joy Spencer for The Epoch Times
Nathan Worcester
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Charlie Masters, a farmer in Kentucky, has watched the prices rise.

Diesel fuel and nitrogen fertilizer, two of the most critical ingredients for running his Fleming County beef and produce operation, are still costlier than just two years ago. That’s partly due to recent fluctuations in the prices of oil and natural gas.

What’s behind those trends?

“I’m sure there are other market forces at work—we can all blame Putin or somebody—but I put a lot of the blame on ESG,” Masters told The Epoch Times in a Dec. 8, 2022, interview.

Kentucky farmer Charlie Masters with his cows. (Courtesy of Charlie Masters.)
Kentucky farmer Charlie Masters with his cows. Courtesy of Charlie Masters.

ESG stands for environmental, social, and corporate governance, an investing approach that has picked up steam in the past few years.

Its defenders argue that ESG criteria help investors respond to risks and opportunities that traditional financial metrics ignore—for example, long-term challenges with drought, fire, and flooding that many scientists link to greenhouse gas emissions.

Top asset managers such as BlackRock, Vanguard, and State Street have taken the lead on ESG, alongside many of the country’s biggest banks.

Yet critics worry ESG distorts the market by politicizing financial decisions. The problem, they say, was most acute over the past two years, when Democrats controlled both houses of Congress as well as the presidency.

“It was particularly egregious in the first few months of the Biden administration, when there was a clear market signal, and a message sent by the administration, that they were doing everything they could to discourage any long-term investment in oil and gas,” Tim Stewart, president of the fossil fuel industry group U.S. Oil and Gas Association, said in a Jan. 5 interview with The Epoch Times.

ESG skeptics argue that the paradigm has made it significantly harder for coal, oil, and natural gas companies to finance new mining and drilling.

The sun sets behind a crude oil pump jack on a drill pad in the Permian Basin in Loving County, Texas, on Nov. 24, 2019. (Angus Mordant/Reuters)
The sun sets behind a crude oil pump jack on a drill pad in the Permian Basin in Loving County, Texas, on Nov. 24, 2019. Angus Mordant/Reuters

Jackie Haney, CEO and managing partner of the energy-focused private equity firm UnionRock, is one of many in her industry who have had to adjust to shifting views from big investors.

She had to deliver many more presentations to finance UnionRock’s second private equity fund than she did while raising capital for its inaugural fund.

In a Jan. 5 interview with The Epoch Times, she said she thinks multiple factors made investors more wary during her second effort at fundraising, including relatively poor results from similar upstream and midstream investments in the past.

The only divestment she could directly trace to ESG came from university endowments, many of whose boards have recently voted to stop funding fossil fuel companies.

Yet, in recent months, prospects have brightened.

Haney predicts that her next fundraising round won’t require nearly as many presentations as her second effort did–and even as energy prices slide, she doesn’t think production will come to a screeching halt.

“Even though there is some sentiment that commodity prices may soften this year, the general consensus is that producers will still be able to operate out of free cash flow and [that] returns in public and private equities will still be robust and ripe for investment within the sector,” she said.

Beyond the ‘E’ in ESG

Following the ascent of ESG in the private sector and ESG-like policies from the federal government, Republican officials from states across the country have struck back. They’ve worked together to defend an industry long aligned with their party.

Yet, according to those politicians, ESG threatens much more than the prosperity of fossil fuel-producing states.

To some, ESG makes visible a larger effort to yoke together the public and private sectors. On that view, the movement serves radical goals–ones it can’t achieve through the democratic process alone.

“This isn’t your typical revolutionary activity,” West Virginia state Treasurer Riley Moore said in a Dec. 2, 2022, interview with The Epoch Times.

“This is taking place in boardrooms and drab government office buildings, and behind closed doors with some of the most influential people on the face of the planet,” he said.

“This is very, very top down, rather than some type of grassroots movement.”

“The ‘S’ is sort of the Brave New World next step in ESG,” Kentucky state Treasurer Allison Ball said in a Nov. 29, 2022, interview with The Epoch Times.

“It’s taking investment and making it ideological.”

In line with that phenomenon, ESG’s “social” side has encompassed the push for “racial equity audits” of large companies, often from ESG-oriented asset management firms that use shareholder proposals to advance political aims.

That enthusiasm can be traced back to the death of George Floyd at the hands of Minneapolis police in 2020, when a socially acceptable, borderline socially compulsory form of racial advocacy quickly gained momentum. As protests, riots, and violent crime rocked the country, American corporations pledged billions of dollars to causes they expected would burnish their image.

Demonstrators walk in front of a police car that has been set on fire in Boston on May 31, 2020,  during a protest in response to the death of George Floyd. (Maddie Meyer/Getty Images)
Demonstrators walk in front of a police car that has been set on fire in Boston on May 31, 2020,  during a protest in response to the death of George Floyd. Maddie Meyer/Getty Images

Many influential companies, including McDonald’s and Microsoft, have already carried out racial equity audits, often administered by third-party companies.

In 2022, an ESG fund launched by the firm Trillium Asset Management proposed a third-party racial equity audit of the insurance company Travelers–one of many U.S. companies that donated to race-based organizations after Floyd’s death.

“To combat systemic racism, corporations should recognize and remedy industry–and company-specific barriers to everyone’s full inclusion in societal and economic participation,” the shareholder proposal read. It argued that Travelers’ non-white policyholders could be treated differently than its white customers.

In their recommendation against the proposal, Travelers’ Board of Directors claimed Trillium’s plan would “[conflict] with the Company’s longstanding practice not to take race into account in its underwriting and pricing decisions.”

The proposal narrowly failed, winning 47 percent of shareholders’ votes.

Utah Attorney General Sean Reyes, one of many state-level Republicans fighting ESG, told The Epoch Times he thinks the failed shareholder resolution violated the laws of numerous states.

“As a person of color, I know that there’s discrimination out there. I’ve experienced it–in some cases, significantly. Is there inequality in different sectors? I do believe that’s true. But there are other ways to address that than to force an insurance company to start breaking the law,” he said in a Dec. 21, 2022, interview.

Trillium, for its part, has pointed out that the Biden administration’s Securities and Exchange Commission (SEC) couldn’t conclude that Trillium’s racial equity audit proposal to Travelers would violate state law.

That same agency delivered a significant victory for the “governance” side of ESG in August 2021 when it approved NASDAQ’s board diversity and disclosure rules.

A flag flies in front of the U.S. Securities and Exchange Commission building in Washington, in this file photo. (Chip Somodevilla/Getty Images)
A flag flies in front of the U.S. Securities and Exchange Commission building in Washington, in this file photo. Chip Somodevilla/Getty Images

Because of the decision, NASDAQ is poised to require most companies it lists to “have or explain why they do not have a minimum of two diverse board members.“ At least one of those ”diverse” members must self-identify as female. In addition, at least one must self-identify as either LGBT or an underrepresented minority.

“‘Diverse’ means an individual who self-identifies in one or more of the following categories: Female, Underrepresented Minority, or LGBTQ+. ‘Female’ means an individual who self-identifies her gender as a woman, without regard to the individual’s designated sex at birth,” NASDAQ’s rules state.

By NASDAQ’s definition, then, heterosexual white men who don’t see themselves as transgender cannot be “diverse.”

That SEC decision has been challenged in court by Alliance for Fair Board Recruitment. Reuters expects the 5th Circuit Court of Appeals to deliver an important ruling on the case this year.

Fiduciary Duty in Coal Country

In Kentucky, the state treasurer has lent her voice to the chorus of state-level officials speaking out against ESG.

During her interview with The Epoch Times, Ball reflected on her deep roots in her state’s rugged eastern half.

“I’m ninth generation from the mountains, the Hatfield-McCoy area. I’ve got generations of relatives who’ve been coal miners,” she said.

“So my radar really shows up when those industries–the coal, oil, and gas industries–are being harmed or targeted.”

Kentucky state Treasurer Allison Ball in front of the Kentucky state Capitol in Frankfort, Ky., on Dec. 14, 2022. (Joy Spencer for The Epoch Times)
Kentucky state Treasurer Allison Ball in front of the Kentucky state Capitol in Frankfort, Ky., on Dec. 14, 2022. Joy Spencer for The Epoch Times

Like other state-level Republicans from across the country, she has sought to use her control over public pension money as leverage against ESG activism.

On Jan. 3, Ball released a list of financial institutions accused of boycotting energy firms. That’s in line with the requirements of a new state law, similar to statutes passed elsewhere in the United States.

If the companies don’t change their policies within three months of the list’s publication, state governmental entities will, in most cases, have to divest from them. Some carve-outs remain, including for governmental entities that have “suffered or will suffer a material financial loss” by dint of divestment.

State treasurers typically have a straightforward fiduciary duty concerning the funds they oversee: They must serve the interests of those funds’ beneficiaries.

Utah state Treasurer Marlo Oaks told The Epoch Times on Nov. 14, 2022, that ESG may undercut that legally binding obligation.

“To the extent that investment managers have adopted a political agenda—or an agenda that is elevated to the same level as the fiduciary obligation that we have—we then have a dual mandate at play and we cannot entertain that dual mandate legally,” he said.

Reyes likened asset managers’ fiduciary responsibilities to the prime directive from Star Trek.

“That is kind of sacrosanct, right? It’s almost this sacred duty,” he said.

Reyes fears the spread of ESG and similar activist philosophies “deconstructs the whole idea of a fiduciary.”

“How can an average American feel comfortable and good?” he asked.

There’s an additional wrinkle to fiduciary duty in the Bluegrass State.

“In Kentucky, we have another obligation, and that’s to promote the industry and economy of Kentucky,” Ball said.

Indeed, KRS 61.650 directs the board for the Kentucky Employees Retirement System or its State Police Retirement System to “give priority to the investment of funds in obligation calculated to improve the industrial development and enhance the economic welfare of the Commonwealth [of Kentucky].”

“That definitely means an eye toward signature industries like coal and oil and gas,” Ball said.

In a 2022 opinion requested by Ball, Kentucky Attorney General Daniel Cameron found that ESG practices among investment managers conflict with those firms’ fiduciary duties when handling the state’s public pension money.
Kentucky Attorney General Daniel Cameron speaks to reporters in Washington on Oct. 12, 2021.  (Alex Wong/Getty Images)
Kentucky Attorney General Daniel Cameron speaks to reporters in Washington on Oct. 12, 2021.  Alex Wong/Getty Images
“It brought some clarity hearing that from the attorney general,” Ball said.

Obama-Era Memories Fuel ESG Skepticism

Opponents of coal, oil, and natural gas, who often count themselves among the champions of ESG, have a different narrative regarding the futures of Kentucky and similar states.

Those energy sources, they contend, are so environmentally damaging that they must be rapidly replaced as part of an energy transition to solar, wind, and other alternatives.

On that interpretation, the economic role of fossil fuel production in Kentucky and its neighbors could be supplanted by something like hydrogen.

Indeed, both of West Virginia’s senators supported a proposed “Appalachian Regional Clean Hydrogen Hub” in a September 2022 statement from Sen. Shelley Moore Capito (R-W.Va.)
An initial 2021 report from the Biden administration’s Interagency Working Group on Coal and Power Plant Communities and Economic Revitalization recommended heavy federal spending in Appalachia and other regions traditionally reliant on coal mining, “given the expected near-term declines in coal production and generation from coal power plants.”

Ball doesn’t believe that a turn away from coal and other fossil fuels would serve the interests of her state.

“Right now, there really isn’t an alternative,” she said, noting recent increases in food and energy costs.

West Virginia’s Moore has a similar point of view about the coal industry in his state.

In his Dec. 2, 2022, interview, Moore said his state had suffered through a “War on Coal” during the Obama administration, because of actions by administrative agencies under the executive branch.

Thousands of West Virginians lost high-paying coal mining jobs during those years.

“Total coal production in West Virginia peaked in 2008 at nearly 158 million short tons then declined to around 80 million short tons in 2016, a nearly 50 percent decline,” West Virginia University researchers wrote in 2018.
Steam rises from a pile of coal at a mine in Bishop, W. Va., on May 19, 2018. (Brian Snyder/Reuters)
Steam rises from a pile of coal at a mine in Bishop, W. Va., on May 19, 2018. Brian Snyder/Reuters

“We took a major, major hit there,” Moore said.

He argued that the promise of abundant new green energy jobs in West Virginia during that period ultimately went unfulfilled.

Moore, like Ball, has taken a leading role in Republican state officials’ response to ESG.

In 2022, he issued his own list of financial institutions allegedly boycotting energy companies.

Both West Virginia’s Moore and Utah’s Oaks drew attention to what they see as a particularly insidious dimension of ESG–namely, its potential future impact on a state’s ability to secure credit.

In April 2022, Oaks and other Utah officials wrote a letter to S&P Global Ratings, objecting to its inclusion of “ESG credit factors” alongside conventional credit ratings for states and other political entities. Utah scored relatively poorly on ESG, notwithstanding its AAA credit rating.

The letter voiced concern that adding ESG factors could “unfairly and adversely affect Utah’s credit rating and the market for Utah’s bonds, especially where the alleged indicators are not indicative of Utah’s ability to repay debt.”

“Utah has a pristine credit rating,” AG Reyes told The Epoch Times in his Dec. 21, 2022, interview.

“All of a sudden, if you throw in ESG standards, which don’t affect the traditional metrics, it could drastically alter the state’s ability to bond–to be able to work on projects and issues critical to the citizens of the state.”

Utah Attorney General Sean Reyes speaks at a news conference in Salt Lake City, on Oct. 9, 2019. (Jeremy Harmon/The Salt Lake Tribune via AP)
Utah Attorney General Sean Reyes speaks at a news conference in Salt Lake City, on Oct. 9, 2019. Jeremy Harmon/The Salt Lake Tribune via AP
In response to that letter, S&P Global Ratings’ Eden Perry wrote that the firm’s ESG factors “simply provide additional transparency on those ESG credit factors that are already incorporated into our credit rating analysis.”

“We’re likely going to face a downgrade in our bond rating, because of an ESG score that has nothing to do with the finances in the State of West Virginia whatsoever,” Moore said.

“And so, now it’s going to cost us more money to build roads, hospitals, schools, all of these public projects that are so important to our people, because of a ridiculous score that’s made up.”

Moore, who recently announced his 2024 run for Congress, is the grandson of the late West Virginia Gov. Arch Moore, and the nephew of Sen. Moore Capito.

Those in the oil and gas industry are among Moore Capito’s top donors according to Open Secrets. However, people in that sector donated less than people working in securities and investment, leadership political action committees, and retired individuals.

Farmer Masters, for his part, doesn’t have any family connection to the coal industry. Like Ball and Moore, though, he does have a multigenerational link to the place he calls home.

His parents acquired the land he currently works during the 1950s–“when I was just a tyke,” he said.

Ball and Masters sounded similar when describing the threat to agriculture posed by ESG. The cost of food has a lot to do with the cost of fertilizer. That, in turn, has a lot to do with the natural gas market.

(Courtesy of Polyface Farm)
Courtesy of Polyface Farm

“The big story that I hear, that I hear repeatedly, is the cost of fertilizers, and the way that’s impacting corn, wheat, and even the cost of eggs. A lot of things are produced by farms,” Ball said.

“Nitrogen fertilizer is essential,” Masters said.

ESG Enthusiasm Now Cooling

Some financial giants have backpedaled from ESG and similar policies in recent months.

In early December 2022, for example, Vanguard left the United Nations-affiliated Net Zero Asset Managers (NZAM) Initiative.

“This HUGE WIN demonstrates that we are turning the tide against the woke radicals who are trying to impose their social & environmental agenda on our economy through coercive means!” Moore wrote on Twitter in response to the move.

Stewart, of the U.S. Oil and Gas Association, thinks conditions in the global economy have forced Wall Street to reckon with the downside of aggressive ESG commitments.

“There’s nothing quite like a 30 percent drop in a NASDAQ investment portfolio, and having energy, particularly fossil fuel, being the only bright star in your entire investment portfolio for ‘22 to make people go, ’You know what, maybe this is not such a good idea. Maybe we ought to have a little more exposure to oil and gas because apparently, they’re doing something right,'” he said.

Ball put it succinctly: “I think the market works. I think there’s a demand for energy, and that’s one reason why energy is doing well.”

“We’re seeing more and more investors coming to the realization that there shouldn’t be a binary approach to energy transition and that investment in hydrocarbons will continue to be viable for their portfolios,” said UnionRock’s Haney.

The tanker Maria Energy, right, loaded with liquefied natural gas, lies at the floating terminal, along with the special ship Hoegh Esperanza, in Wilhelmshaven, Germany, on Jan. 3, 2023. (Sina Schuldt/dpa via AP)
The tanker Maria Energy, right, loaded with liquefied natural gas, lies at the floating terminal, along with the special ship Hoegh Esperanza, in Wilhelmshaven, Germany, on Jan. 3, 2023. Sina Schuldt/dpa via AP

From his Fleming County farm, Masters was heartened to learn of Vanguard’s departure from the U.N. alliance.

“Maybe people are becoming more aware [of ESG] and the folks like Vanguard are having to react to pressure.”

Nathan Worcester
Nathan Worcester
Author
Nathan Worcester covers national politics for The Epoch Times and has also focused on energy and the environment. Nathan has written about everything from fusion energy and ESG to national and international politics. He lives and works in Chicago. Nathan can be reached at [email protected].
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