https://medium.com/the-esg-advisor/dol-finalizes-rushed-anti-esg-rule-bfa578a8aecb
DOL finalizes rushed anti-ESG rule
10/30/20
What happens next?
Election Day is Tuesday.
If Trump wins, then the only recourse would be for the rule to be challenged in court as arbitrary and capricious. Potential issues include inadequate impact analysis and the failure to consider evidence and research even after it was presented in public comments, which were overwhelmingly opposed.
If Biden wins, I think the rule will be reversed but that will take some time. A new Assistant Secretary heading up the Employee Benefits Security Administration needs to be confirmed, a new proposed rule written, a public comment period has to last at least 30 days, and then a final rule written that takes public comment into consideration.
If Biden wins and Democrats control the Senate, there is the possibility of legislation reversing the rule and addressing other ESG-related policies, such as corporate ESG disclosures.