The Divided States of ESG

September 29, 2025 | David Lewandowski, Research Analyst, Sustainable Investing

Trifecta status for a state exists when a single political party holds the governor’s seat and a majority in both chambers of the state legislature. In terms of Environmental, Social, and Governance (ESG) investing, most Republican trifectas and states with divided governments have enacted legislation opposing ESG measures in recent years, while Democratic trifectas have passed bills in favor of ESG. Specifically, 36 states have passed a total of 127 bills either supporting or opposing ESG initiatives since 2020. At the time of their enactment:

• 60% of the bills were in opposition to ESG and from a Republican trifecta state
• 25% of the bills were in support of ESG and from a Democratic trifecta state
• 12% of the bills were in opposition to ESG and from states with a divided government

While the darkest shades of blue and red in this week’s chart represent the states with the highest number of enacted ESG bills, it is interesting to note that the states represented by the lightest shade of blue (CT, NJ, NM, NY, WA) are Democratic trifecta states that have not passed any ESG bills to date. Readers should also note that ESG investing is federally regulated by the Department of Labor and the Securities and Exchange Commission, with strict disclosure requirements for investment managers to substantiate any ESG-related claims.

Future ESG legislation will likely vary on a state-by-state basis based on political leadership, making upcoming elections particularly relevant. Election outcomes in politically divided states that have yet to adopt any ESG bills will be especially noteworthy when it comes to gauging sentiment. Upcoming gubernatorial races with potential ESG implications include New Jersey and Virginia later this year, as well as Alaska, Arizona, Michigan, Nevada, Vermont and Wisconsin in 2026.

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