Wyoming 2025 Regular Session

Wyoming Senate Bill SJ0011

Introduced
1/29/25  
Report Pass
2/3/25  
Engrossed
2/10/25  
Refer
2/12/25  

Caption

Supporting anti-ESG litigation.

Summary

SJ0011 is a joint resolution directing the Wyoming governor, attorney general, and state treasurer to use all available legal and investment tools to oppose what the resolution describes as “stakeholder capitalism” or ESG-driven decision-making by banks, asset managers, and other financial institutions. It frames these practices as nonpecuniary, ideological, and harmful to Wyoming’s industries and public finances, and it specifically encourages the state to pursue litigation and investigations against financial firms that allegedly collude to influence markets or public policy. The resolution also urges Wyoming to join or support multistate efforts challenging financial institutions for using nonfinancial criteria in managing public funds, and it asks the state treasurer to seek asset managers focused on maximizing returns rather than advancing political or ideological goals. It further directs that proxy voting for state investments be handled in the best financial interests of Wyoming and not through proxy service providers engaged in allegedly collusive or anticompetitive conduct. The resolution is largely hortatory, but it signals legislative support for more aggressive state action in investment and antitrust disputes involving ESG-related practices. In terms of state law, SJ0011 does not itself amend statutes or create new penalties, but it reinforces and expands the policy direction behind Wyoming’s existing antitrust, consumer protection, and public investment authorities. It references the 2021 expansion of the attorney general’s civil enforcement powers and encourages use of those powers, along with any other available litigation tools, to investigate and prosecute financial institutions. The practical effect would be to strengthen political and legal backing for anti-ESG enforcement and for state participation in related multistate lawsuits. The general sentiment reflected in the bill text and voting history is strongly supportive of the resolution’s anti-ESG position. The bill passed the Senate Appropriations Committee unanimously 5-0 and then passed third reading 28-2, indicating broad legislative approval with only limited opposition. The tone of the resolution is highly critical of large banks, asset managers, and proxy advisers, portraying them as acting outside democratic processes and against Wyoming’s economic interests. The main point of contention is the bill’s characterization of ESG and stakeholder capitalism as collusive, ideological, and harmful, which opponents may view as an overreach or as politicizing investment management. Supporters appear focused on protecting state funds, coal and energy industries, and the state’s ability to invest based on financial returns alone. The resolution also raises broader concerns about antitrust enforcement, proxy voting, and whether state officials should actively litigate against private financial firms over investment practices tied to environmental or social goals.

Impact

SJ0011 would not directly change Wyoming statutes, but it would formally urge state officials to use existing legal authorities—especially antitrust, consumer protection, and public investment powers—to challenge banks, asset managers, and proxy advisers over ESG-related or other nonpecuniary investment practices. It could influence how state funds are managed, how proxy votes are cast, and how aggressively Wyoming participates in or initiates litigation against financial institutions.

Sentiment

The bill appears to have strong support among Wyoming lawmakers, as shown by a unanimous committee recommendation and a lopsided 28-2 Senate passage. The resolution’s language is sharply anti-ESG and pro-industry, suggesting the prevailing sentiment is that Wyoming should defend its financial interests and energy sector against outside pressure from large financial institutions. The limited opposition likely reflects disagreement with the bill’s framing of ESG and its push for litigation rather than with the general goal of protecting state investments.

Contention

The central controversy is whether ESG or stakeholder-capitalism investment practices are legitimate risk-management or policy considerations, or whether they amount to ideological collusion that harms Wyoming. Supporters argue that banks and asset managers are using their market power to impose nonpecuniary political goals and suppress coal and other Wyoming industries; critics are likely to see the resolution as an attack on lawful investment strategies and private-sector discretion. There is also potential disagreement over the wisdom of using state litigation and antitrust enforcement to police proxy voting and asset-management decisions.

Companion Bills

No companion bills found.

Similar Bills

No similar bills found.