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Ninth Circuit Pauses California’s SB 261 Climate Risk Reports, Leaves SB 253 Intact

The pause gives appellate judges time to hear the First Amendment challenge at a January 9 hearing.

Overview

  • On November 18, the court preliminarily enjoined enforcement of SB 261 pending appeal, halting the January 1, 2026 reporting requirement for climate-related financial risk.
  • SB 261 covers companies doing business in California with at least $500 million in annual revenue and requires biennial public risk reports.
  • The stay’s scope is unclear because the request was made on behalf of members of the plaintiff trade groups, leaving questions for non-members until further guidance.
  • SB 253 was not enjoined, with CARB indicating a proposed initial reporting deadline of August 10, 2026 and planning rulemaking hearings in early 2026.
  • Plaintiffs withdrew their emergency Supreme Court application after the ruling, and legal advisers recommend continuing preparatory work as SB 261 could become enforceable depending on the Ninth Circuit’s decision.