Like many states across the country, Wyoming is crafting measures to try to push back against progressives pressuring companies to adopt policies favorable to their political causes that are often at odds with the best financial returns for investors.Â
Also known as environmental, social and governance (ESG), the movement has been able to advance political causes without involving legislatures, and critics say itâs had a detrimental impact on financing of fossil fuel companies.Â
âIt Sucksâ
The Wyoming State Loan and Investment Board is considering a draft policy to incorporate into its investment statement policy. Once the board officially adopts the policy, those who manage Wyomingâs finances would be required to adhere to it.Â
Secretary of State Chuck Gray said the draft language was too vague and should include language that definitively spoke to an opposition to ESG.Â
âIf you donât have any reference to ESG, other than the title in the body of it, I got to ask, is this just window dressing? Are we trying to actually take on ESG?â Gray said during a SLIB meeting last week.
After some back and forth on the board over the best way to address that concern, Gov. Mark Gordon joked that the language should be blunt.Â
âPut it in plain language. Itâs misguided, and it sucks. So what if we said, âESG,â in quotation marks, âinvesting sucks?ââ Gordon said.Â
Politics Over Business
Sometimes called âwoke investing,â ESG rates funds on various markers of progressive-friendly policies related to protecting the environment, diversity in the workplace and community relations.
Any association with fossil fuel industries quickly gets a fund rated down. Timber industries, gun manufacturers and agricultural businesses also face pressure from the movement.Â
Critics of the ESG movement say it has become a formidable mechanism in pushing progressive policies by financially starving companies that donât comply with ESG standards. In this way, ESG has been able to circumnavigate democratic processes.Â
The concern for Wyomingâs financial officials is that the firms the state contracts with are letting politics get in the way of getting the best rate of return for the stateâs investments.Â
Ready For Primetime?Â
The challenge for the board is how to draft a policy that lays out whatâs required of the stateâs investment managers and how the board can determine if theyâre acting outside those requirements.Â
Rep. Bob Nicholas, R-Cheyenne, said the draft language was confusing and potentially contrary to state statute. The draft, he explained, states that factors that investment managers canât consider are those that include the furtherance of social, political and ideological interests.Â
Nicholas said that could include a lot of decisions that wouldnât necessarily be outside the best financial interests of the state.Â
As an example, Nicholas said an investment in the development of a wind or solar farm would involve a social interest, but may be a good investment for the state.Â
âMy suggestion is that this is premature. Itâs not, as you would say in the Legislature, itâs not primetime language,â Nicholas said.Â
Threading The Needle
Treasurer Curt Meier said that the language wouldnât prevent an investment in a wind or solar farm, if itâs the highest risk adjusted rate of return, which is a calculation of the potential profit the risk that must be accepted to achieve it.Â
He said the language isnât necessarily perfect, but it avoids problems other states are having with their ESG policies.Â
âI think this tries to thread the needle, and I think it does a pretty good job,â Meier said.Â
He said the policy would initiate more communications with the companies that handle the state finances without being combative.Â
Little Change
Megan Degenfelder, superintendent of public instruction, said the policy, if it were included in the stateâs investment policies, would change very little about how the board conducts business.
âWe arenât giving ourselves authority or creating any process that isnât already available to the treasurer or the board,â Degenfelder said.Â
Degenfelder said that when investment managers come for interviews before the board, they are scrutinized for their attitudes toward investing in fossil fuel companies and if theyâll make decisions in the best interest of the stateâs financial returns.Â
She said she wasnât suggesting the policy isnât necessary. It just wouldnât give them tools they donât already have.Â
âWe are already grilling managers about this. Iâm fully confident we would divest of a manager if it was operating in a way that we found egregious to the stateâs best interest,â Degenfelder said.Â
Tabled
After the discussion, the board decided it would continue working on the draft language for consideration at the boardâs next meeting. The board did adopt a policy allowing the treasurerâs office to hire a proxy manager, who would help manage the stateâs proxy voting decisions. Â
Shareholders who own a certain amount of stock in a company are allowed to submit proposals for the shareholders to vote on. The proxy manager will help guide the stateâs votes on proposals.




