CARB Opens Voluntary SB 261 Docket and Issues Enforcement Advisory Following Ninth Circuit Injunction

The California Air Resources Board ("CARB") has opened a new public docket for voluntary submissions related to SB 261 climate-related financial risk reports, available here. Entities choosing to submit at this time are asked to provide: (1) a company statement on official letterhead, including, where relevant, a list of subsidiaries covered by a consolidated report, and (2) a link to the company’s Climate-Related Financial Risk Report, which must be posted on the company’s own website and be publicly accessible. These directions offer early insight into how CARB is preparing to administer SB 261 if the current preliminary injunction against enforcement is lifted. 

The docket launch is framed against the backdrop of ongoing litigation. On November 18, 2025, the Ninth Circuit enjoined enforcement of SB 261 in Chamber of Commerce v. Sanchez and, in a December 1 Enforcement Advisory, CARB confirmed it will not enforce the January 1, 2026 reporting deadline while the injunction remains in effect. Oral argument in the appeal is scheduled for January 9, 2026. 

With mandatory SB 261 reporting paused, companies may consider a voluntary submission to the docket, while continuing preparations for greenhouse gas disclosures under SB 253 and monitoring the rapidly evolving legal landscape.