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ARTICLE · 24 NOVEMBER 2025

California's Mandatory Climate Reporting Stayed Pending Appeal

Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
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Today, the Ninth Circuit Court of Appeals issued an injunction pending appeal of one of California's two mandatory climate disclosure laws--S.B. 261, which mandates the disclosure of climate-related financial risk...

United StatesLitigation, Mediation & Arbitration

Today, the Ninth Circuit Court of Appeals issued an injunction pending appeal 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 particular law since it will not enter into effect (as per the California Air Resources Board's latest presentation) until August 10, 2026, which is likely after the Ninth Circuit will issue a decision on the merits of the pending appeal (and so an injunction pending appeal is less necessary).

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