The Trump administration’s SEC has begun the process of undoing the mandatory climate disclosure rule promulgated by the SEC under the Biden administration. Specifically, the SEC has now asked the Eighth Circuit — where the...more
Judge Wright (C.D. Cal.) has significantly narrowed the Chamber of Commerce's lawsuit challenging California's climate disclosure laws. (These disclosure laws mandate disclosure of Scope 1, Scope 2, and Scope 3 greenhouse...more
2/7/2025
/ California ,
Chamber of Commerce ,
Climate Change ,
Compliance ,
Constitutional Challenges ,
Corporate Counsel ,
Disclosure Requirements ,
First Amendment ,
Greenhouse Gas Emissions ,
Interstate Commerce ,
Regulatory Requirements ,
State and Local Government ,
Supremacy Clause
Regulatory Updates -
There have been a couple of noteworthy developments in recent weeks concerning the mandatory climate disclosure regime enacted by California. These developments relate to SB 253 and SB 261, which...more
1/8/2025
/ Antitrust Provisions ,
California ,
Climate Change ,
Damages ,
Disclosure Requirements ,
Environmental Litigation ,
Environmental Policies ,
Fossil Fuel ,
Greenhouse Gas Emissions ,
Montana ,
State Attorneys General ,
Sustainability
On December 16, 2024, the California Air Resources Board--the regulatory agency responsible for implementing California's mandatory climate disclosure regime--solicited public feedback concerning the design of the regulation....more
2 On December 5, 2024, the California Air Resources Board--the agency responsible for implementing California's climate disclosure regulations--announced that it would “exercise enforcement discretion for the first reporting...more
On November 5, a federal district court judge in California denied plaintiffs' motion for summary judgment in a facial challenge to California's climate disclosure laws. Although this ruling is relatively limited in...more
Over the past several years, there have been more than three dozen lawsuits launched against the major fossil fuel companies seeking damages due to climate change caused by greenhouse gas emissions. These claims are based...more
This summer, California Governor Newsom had proposed that California delay the implementation date of its climate disclosure law for two years. The California legislature rejected this proposal, instead passing S.B. 219,...more
Recently, Governor Newsom proposed that California delay the implementation of its recently-enacted climate disclosure laws for two years. The California legislature has effectively rejected this proposal by passing S.B....more
Governor Newsom has proposed that the implementation of California's mandatory climate disclosure laws--which apply to all companies doing business in California and earning more than $500 million in revenue--be delayed for...more
The U.S. Chamber of Commerce, in combination with a number of other organized business interests, recently filed a lawsuit in federal court seeking to invalidate two of the climate disclosure laws enacted by California last...more
On October 7, 2023, Governor Gavin Newsom of California signed into law two climate disclosure bills passed by the California Legislature. These laws now require that "by January 1, 2025 . . . businesses with total annual...more
On September 15, 2023, California filed a lawsuit against the major oil companies, presenting claims under a variety of theories, including public nuisance and false advertising. This lawsuit is similar to ones filed by...more
Earlier this month, Governor Newsom announced his support of a sweeping climate bill enacted by the California legislature that would compel major companies operating in California to disclose their greenhouse gas emissions. ...more