Sustainable Energy & Infrastructure Litigation Updates — February 2026

Litigation / Regulatory Update: California

On January 9, 2026, the Ninth Circuit Court of Appeals held oral argument on the Chamber of Commerce’s challenge to California’s mandatory climate disclosure laws. These laws had been upheld by the Federal District Court, but the Ninth Circuit had stayed the enforcement of the deadline for reporting climate-related risk due to the pending challenge; the deadline for reporting greenhouse gas emissions is not until August 10, 2026. Based on the oral argument, it appears that the Ninth Circuit is particularly focused on the First Amendment aspects of the challenge to these laws, as well as potentially severing the requirement to report Scope 3 greenhouse gas emissions (which involve the reporting of certain third-party greenhouse gas emissions). A decision will likely be issued by the Ninth Circuit on the validity of these mandatory climate disclosure laws by spring 2026. An appeal to the US Supreme Court is likely to follow, irrespective of whether the Ninth Circuit approves or rejects the mandatory climate disclosure laws.

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