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Home Type Curated

‘Two Things That Can’t Both Be True’: Tennessee AG Sues BlackRock Over ESG Deception

by Tyler O'Neil, Daily Signal
December 18, 2023
in Curated, News
Larry Fink BlackRock
He reigns. We pour. Promised Grounds is the Christian coffee company that happens to also offer the best coffee available.

(Daily Signal)—Tennessee Attorney General Jonathan Skrmetti on Monday sued the investment company BlackRock for deceptive practices.

“BlackRock has said two things that can’t both be true,” Skrmetti, a Republican, told The Daily Signal in an interview Monday. “The first is that they’re taking investors’ money and investing it purely for the purpose of maximizing the return on investment. But they’ve also put out statements saying that they’re committed to net-zero [carbon emissions to combat] climate change by certain dates.”

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“They’ve made lots of statements about working to use all of the assets under their management to further the goal of reducing greenhouse gas emissions, and both of those can’t be true,” he added.

In the suit filed in Williamson County Circuit Court, Skrmetti alleges that BlackRock violates the Tennessee Consumer Protection Act by engaging in deceptive practices regarding its so-called environmental, social, and governance goals. BlackRock has helped lead the movement to force climate alarmism goals on companies in the name of ESG. These goals often involve pledging to alter business practices to decrease or offset carbon emissions in the name of helping the environment, even though science on carbon emissions destroying the climate is far from settled.

In 2020 and 2021, BlackRock joined the climate alarmism groups Climate Action 100+ and the Net Zero Asset Managers Initiative, committing to use the weight of all assets under management to advance many environmental, social, and governance goals and achieve net-zero carbon emissions by 2050.

Yet BlackRock operates many non-ESG funds, claiming that such funds “do not seek to follow a sustainable, impact, or ESG investment strategy.” The company further claims that there is “no indication” that non-ESG funds will adopt an ESG investment strategy.

Although BlackRock claims these funds don’t advance its ESG goals, it has adopted a companywide commitment to ESG goals and aggressively urged climate goals on other enterprises it invests in. As a shareholder in many other companies, BlackRock carries considerable weight and has pushed them to make climate-related commitments.

“BlackRock’s pledge as a member of [the climate groups] is to force companies to disclose targets for net-zero emissions for environmental and political reasons (limiting warming to well below 2°C), without regard to materiality to the particular company’s financial performance,” the lawsuit argues. “BlackRock makes no mention of this commitment to non-material factors when explaining its portfolio company disclosure expectations to fund investors.”

The lawsuit cites many instances where BlackRock used its influence over companies it invests in—including Chevron, United Airlines, and Walmart—to push climate-related shareholder proposals. Yet BlackRock claimed in a December 2022 statement responding to state attorneys general that the company doesn’t “dictate to companies what specific emission targets they should meet or what type of political lobbying they should pursue.”

BlackRock also claimed that its role “is to help [clients] navigate investment risks and opportunities, not to engineer a specific decarbonization outcome in the real economy.”

As for ESG funds, Skrmetti’s lawsuit cites this claim by BlackRock: “The global aspiration to achieve a net-zero global economy by 2050 is reflective of aggregated efforts; governments representing over 90% of GDP have committed to move to net-zero over the coming decades.”

However, only 15% of countries that have made a net-zero commitment have enshrined such commitments in law, and only 10% of global emissions would be covered by legally binding pledges, according to Tennessee’s lawsuit. The lawsuit lists 14 statements that BlackRock could have added as disclosures to make that statement less deceptive, such as noting that no country in the world has implemented policies that will prevent the world climate from increasing 1.5 degrees Celsius, according to the Climate Action Tracker.

BlackRock also has presented contradictory claims about whether ESG goals align with positive financial outcomes.

BlackRock has said that its “focus on climate risk and energy is about driving financial outcomes for clients,” but the company also has admitted that sustainability metrics “do not provide an indication of current or future performance nor do they represent the potential risk and reward profile of a fund.”

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Contrary to BlackRock’s claims, ESG-guided funds don’t yield higher returns on investment, according to the lawsuit. It cites a 2019 study finding a “statistically significant negative relation between ESG investing and investor returns.”

“BlackRock’s acts and practices concerning the marketing or sale of products and services, as alleged herein, are deceptive to consumers and other persons in Tennessee,” the lawsuit states.

Skrmetti asks the circuit court to find that BlackRock violated the Tennessee Consumer Protection Act, that the court order BlackRock to cease making misrepresentations, that it order BlackRock to “restore the money or property lost as a result of the alleged violations of law,” and that it order BlackRock to give up its “ill-gotten gains.”

Skrmetti asks the court to fine BlackRock a civil penalty of $1,000 to Tennessee for each violation of the law, and that “all costs, including discretionary costs, in this case be taxed against BlackRock.”

BlackRock is the leading exchange-traded fund provider in the world, with $9.4 trillion in assets under management.

Although some states have passed laws to restrict the use of ESG goals in making investment decisions, Skrmetti’s lawsuit represents the first civil enforcement action against BlackRock for ESG deception.

Don't Ask Me Ask God

“Ultimately, this is a case about the truth, and the biggest takeaway for me at the end of the day is we can get clarity for consumers,” Skrmetti told The Daily Signal in the interview. “If you’re going to make decisions about how companies should have to behave to do business, those are decisions that ultimately have to flow from the people, and this is part of, I think, a broader effort on the part of some elites to make sure that the American people don’t have that kind of oversight over their economy.”

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Two Storms, One Harvest

Empty Shelves

Every food crisis in living memory has been a one-shock event. The 2008 price spike was a commodity bubble. The 2020 shortages were a logistics failure. The 2022 grain scare was a war on one exporter’s ports. Each time, the system bent, adjusted, and recovered, and each time the experts assured us afterward that global markets are simply too big and too diversified to fail.

What nobody in Washington seems eager to discuss is that 2026 is shaping up to be something the modern food system has never actually faced. Two independent shocks, one climatic and one geopolitical, are converging on the same harvest cycle at the same time. Not sequentially. Simultaneously.

Start with the weather. The Pacific Ocean is currently building toward what forecasters now openly call a record event. NOAA’s Climate Prediction Center puts the odds of at least a strong El Niño near 88 percent, with roughly two in three odds it reaches “very strong” status, the tier reserved for perhaps three or four events in the entire satellite era. Every major global model now projects a median peak in Super El Niño territory, and most of them project it exceeding the 2015-16 event, which until now held the modern record. Sea surface anomalies were already brushing the super threshold in mid-July, months before these events normally peak. The atmosphere has already shifted into El Niño mode, and the event is forecast to crest in late fall and early winter.

This is not about “climate change.” It’s about the standard cycles of weather, and the cycle we’re currently in is one that has likely devastated societies in the past. We’re better prepared as a society today, but not all Americans are equally prepared.

Serious households have started doing the quiet math on their own. Grocery bills tell part of the story, and the forecast maps tell the rest, which is why long-term food storage has moved from fringe hobby to mainstream line item in the family budget, with established suppliers like Heaven’s Harvest seeing demand from people who five years ago would have rolled their eyes at the idea. That instinct is not paranoia. It is pattern recognition, and the pattern is worth walking through carefully.

Editor’s Note: Heaven’s Harvest IS a sponsor, but the warnings of this article are real and would be written even if we didn’t have a survival food sponsor. With that said, those who take advantage of what they offer can use promo code “Patriot” for 15% off.

The Fertilizer Clock Is Already Running

While the Pacific warms, the second shock has been unfolding in the Strait of Hormuz. The conflict with Iran turned the world’s most important energy chokepoint into a contested waterway, and the consequences reach far beyond the gas pump. Roughly a third of global fertilizer trade moves through Hormuz, and the disruption sent urea prices up 86 percent year over year by March, with a 53 percent jump in a single month.

The World Bank projects energy prices rising about 24 percent in 2026 and fertilizer about 31 percent. By its own accounting, fertilizer prices ran 35 percent higher in the first five months of this year than the same period last year.

Here is the mechanism the nightly news will not explain. Fertilizer is not a grocery item. It is a time-delayed input. The nitrogen a farmer in Iowa or Punjab could not afford to apply this spring does not show up as a problem this spring. It shows up as a thinner harvest six to twelve months later.

The World Bank’s own food security brief concedes that the effects of reduced applications earlier this season “are likely to become visible only later in harvest outcomes.” Translate that from institutional language into plain English and it means this. The damage is already done, it is already in the ground, and we are simply waiting for it to arrive on the shelf.

Now check the calendar. Six to twelve months from the spring planting season lands us squarely in late 2026 and early 2027. Which is precisely when the strongest El Niño in the instrumental record is forecast to peak, bringing its signature droughts to Southeast Asia, Australia, southern Africa, northern Brazil, and South Asia, the very regions that grow the world’s rice, sugar, and oilseeds.

The World Bank warns openly that a strong El Niño “could disrupt multiple crop belts simultaneously” on top of the conflict-driven input costs. Their baseline projection assumes the Middle East disruptions ease by autumn. What in the last two years of Middle East history suggests that assumption is safe?

The System Has No Slack Left

The comfortable answer is that global markets always adjust. But adjustment requires slack, and the slack is gone. Global cereal production is expected to decline from last year’s records even before El Niño does its work. The UN World Food Programme, hardly a den of right-wing preppers, is calling this the most significant disruption to its supply chains since Covid and the invasion of Ukraine, and its supply chain director put the stakes bluntly.

Today’s supply chain challenges are tomorrow’s hunger crisis.

There is also a political dimension that markets cannot price. When food gets scarce, governments do not behave like economists. They behave like politicians. Export bans, hoarding mandates, and panic buying at the national level turned the modest rice shortfall of 2008 into a global crisis, and analysts are already warning that import-dependent nations are the first dominoes.

The 2015-16 Super El Niño, a far weaker event than what is now forecast, threw tens of millions into food stress across Africa and Asia. This one is projected to be stronger, and it arrives with fertilizer already rationed by price and shipping lanes already contested by missiles.

What Joseph Knew

Scripture does not treat preparation for lean years as faithlessness. It treats it as wisdom delivered in advance to those willing to act on it.

Behold, there come seven years of great plenty throughout all the land of Egypt: And there shall arise after them seven years of famine; and all the plenty shall be forgotten in the land of Egypt.

Joseph did not respond to that warning with a hashtag or a committee. He stored grain during the years of abundance, and when the famine came, Egypt stood while its neighbors begged. The lesson is not that famine is certain. It is that the time to prepare is precisely when preparation still looks optional.

Nobody who filled a pantry in a year of plenty has ever regretted it, and nobody standing in an empty aisle has ever been glad he waited for certainty.

None of this calls for panic, and panic is the enemy of sound judgment anyway. It calls for the same unglamorous prudence our grandparents considered ordinary. Keep some cash margin, know your local growers, and put real food in deep storage while it is cheap and available, because the entire arc of this story is that cheap and available is a closing window.

Families looking for a straightforward place to start can visit Heaven’s Harvest and use promo code Patriot for 15 percent off long-term storable food. The forecasts may yet soften, the strait may yet reopen, and we should pray they do. But hope is a fine thing to hold and a foolish thing to eat.

Tags: BlackRockDaily SignalESGLarry FinkLedeTennesseeTop Story
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Comments 1

  1. Lorin Partain says:
    3 years ago

    Woke Capitalism is a very fascinating phenomenon. It will eventually fall apart.

    Reply

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