SCOTUS Asked to Block California Climate Laws Ahead of Pending SB 261 Compliance Deadline

November 19, 2025 Update

On November 18, 2025, the United States Court of Appeals for the Ninth Circuit published an order partially enjoining the California Climate Laws. The Ninth Circuit’s order preliminarily enjoins enforcement of SB 261, but not SB 253. SB 261 reports were required to be published by January 1, 2026, while SB 253 reports are not due util mid-2026 (August 10, 2026, per the California Air Resources Board’s public workshop on the California Climate Laws, which also occurred yesterday).

The partial injunction provides the Ninth Circuit some time to consider the pending appeal before it; namely, the denial by the District Court for the Central District of California of a request for a preliminary injunction. Oral argument on the appeal is currently scheduled for January 2026.

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.

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.