SCOTUS Asked to Block California Climate Laws Ahead of Pending SB 261 Compliance Deadline
V&E Environmental Update
V&E Environmental Update
With the deadline to publish SB 261-compliant climate risk reports rapidly approaching (January 1, 2026), and with legal challenges slowly moving through the court system in the U.S. District Court for the Central District of California and the Ninth Circuit, it perhaps comes as little surprise that industry groups have now sought the emergency involvement of the Supreme Court of the United States (“SCOTUS”). On November 14, 2026, several groups — including the U.S. Chamber of Commerce — filed an emergency request with the high court to block both SB 253 (the Climate Corporate Data Accountability Act) and SB 261 (the Climate-Related Financial Risk Act) (“California Climate Laws”). The emergency application seeks an injunction prohibiting enforcement of the California Climate Laws pending resolution of the appeal of the denial of a preliminary injunction in the Ninth Circuit. More on the background and the impending deadlines on the laws can be found here and here.
The appellants in the emergency application to SCOTUS argue that the California Climate Laws violate the First Amendment of the U.S. Constitution by compelling companies to speak on unsettled and controversial climate issues (and, resultingly, pressuring them to alter their behavior). Appellants assert that relief from SCOTUS is now their only recourse and they amply satisfy the standard for an injunction — they are likely to succeed on the merits, the balance of equities is in their favor, and the loss of their First Amendment rights is irreparable (i.e., the speech cannot be undone once compelled). Additionally, there is, appellants argue, no evidence of any urgent need for the California Climate Laws, pointing to California’s own delays and missed deadlines for the implementation of the laws.
At this time, it is not clear whether SCOTUS will grant the industry groups’ request. However, with the compliance deadline of January 1, 2026, for SB 261 reports less than eight weeks away, companies subject to SB 261 should continue their reporting preparations. SB 253 compliance is expected to be due in the summer of 2026.
V&E is closely monitoring developments related to the California climate disclosure laws and other related climate-related disclosure laws. Please reach out to your V&E team to discuss these matters and their implications for your business.
Related Insights
- Insight
V&E SEC Update
November 17, 2025 - Insight
V&E Environmental Update
November 13, 2025 - CLE EventNovember 12, 2025CLE Credit
- Insight
Published by CorpGov
November 11, 2025
This information is provided by Vinson & Elkins LLP for educational and informational purposes only and is not intended, nor should it be construed, as legal advice.