Sustainable Energy & Infrastructure Litigation Updates — December 2025

On November 18, 2025, the Ninth Circuit Court of Appeals issued an injunction pending appeal that stayed the enforcement of one of California's two mandatory climate disclosure laws: S.B. 261, which mandates the disclosure of climate-related financial risk, and which had been scheduled to enter into effect as of January 1, 2026. However, the Ninth Circuit declined to enjoin S.B. 253, which mandates the disclosure of Scope 1 and Scope 2 greenhouse gas emissions. The Ninth Circuit may have chosen not to enjoin this law since it will not enter into effect (as per the latest information from the California Air Resources Board, the regulator responsible for enforcement) until August 10, 2026, which is likely after the Ninth Circuit will issue a decision on the merits of the pending appeal (thus making an injunction pending appeal unnecessary).