DOL Proposes Rule To Crack Down On ESG

On June 23, 2020, the Department of Labor ("DOL") issued a proposed regulation (the "Proposed Rule") defining plan fiduciaries' duties under the Employee Retirement Income Security Act of 1974 ("ERISA") when considering economically targeted investments or those that incorporate environmental, social, and governance ("ESG") factors. The Proposed Rule embodies some of the prior guidance and adds new recordkeeping requirements setting forth how plan fiduciaries can meet their fiduciary obligations when making ESG investments. The Proposed Rule, in conjunction with recent enforcement activity, demonstrates a renewed interest and skepticism by DOL about ERISA plans' ESG investing practices. Because the Proposed Rule could have a major impact on ESG investing, interested stakeholders should strongly consider submitting comments before the close of the 30-day comment window.