Ninth Circuit Declines Delay of California's Climate Disclosure Reporting Requirement

On October 29, 2025, the U.S. Court of Appeals for the Ninth Circuit issued a short order addressing the emergency motion to expedite review of California’s Senate Bill 261, the state’s climate-related financial risk disclosure law.

In its order, the court granted the motion in part, directing the clerk to immediately assign the case to a merits panel and schedule it for the January 2026 calendar (Docket Entry No. 37; 9th Cir. Gen. Ord. 3.3(g)). The court did not rule on the merits or stay enforcement of the law before the upcoming deadline.

As a result, SB 261’s January 1, 2026 effective date remains in place, and covered companies must still prepare to publish their climate-related financial risk reports in accordance with the statute.

For those hoping for a late reprieve, attention now turns to a separate federal case in the Eastern District of California filed last week seeking injunction against both SB 261 and SB 253. Unless that court issues injunctive relief in the coming weeks, California’s first-in-the-nation climate-risk disclosure requirements are expected to take effect as scheduled.