Senior officials at the US Justice Department have in recent weeks talked with the states and the companies about possibly entering the case, according to people familiar with the confidential discussions. No final call has been made, and the department could opt not to act. It is unclear why federal enforcers might step in now, nearly two years after the lawsuit was filed. The department declined to say whether it plans to join, adding that it is focused on "affordability for all Americans across our economy." The Texas attorney general's office did not respond to a request for comment.
In late November 2024, the Texas attorney general, joined by 12 other Republican state attorneys general, filed the lawsuit, asserting that BlackRock and State Street used their market power and connections to climate organizations to push coal producers to cut production, which the states say drove up electricity prices. In August 2025, most of the claims were permitted to proceed by a federal judge. Vanguard Group Inc., originally a defendant, reached a settlement in February to pay $29.5 million and to refrain from imposing ESG goals on its investments. Vanguard denied wrongdoing.
Federal interest isn't new. In May 2025, the Justice Department and the Federal Trade Commission filed a statement of interest, contending that if the states' allegations were substantiated, the conduct would run afoul of the law. At a June 2025 hearing on the motion to dismiss, Brian Barnes, counsel for the states, asserted to the court that there was no question the firms "individually and certainly collectively, have enough of a stake in the publicly traded coal companies in order to influence management decisions." US District Judge Jeremy Kernodle declined to toss the case, noting that the states "have identified enough circumstantial evidence to suggest that defendants agreed to collectively pressure coal companies to reduce the output of coal in the relevant markets and disclose future output information." A trial is scheduled for January 2028 in Texas.
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The firm added, "As we made clear in our earlier motion to dismiss, this case is trying to re-write antitrust law and is based on an absurd theory that coal companies conspired with their shareholders to reduce coal production." State Street also declined to comment, directing inquiries to a previous statement that described the lawsuit as "the lawsuit remains baseless and without merit."
Because big institutional shareholders hold trillions of dollars' worth of stock across the largest companies, some enforcers, academics and observers argue those crossholdings could enable illegal coordination among rivals. The firms counter that their stakes reflect demand for passive strategies designed to mirror broad market indexes.
The companies say antitrust law is being misapplied because they are passive investors and do not control coal producers.
If the DOJ joins, it brings federal heft that could influence how giant index managers approach stewardship, proxy voting and climate commitments. Even without that move, a live case headed to a January 2028 trial keeps the spotlight on whether common ownership rubs up against antitrust rules. For everyday investors, any reset in how these firms engage with portfolio companies could trickle into fund policies, shareholder votes and the ESG playbook that touches plenty of 401(k)s and IRAs.
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