U.S. Chamber says the ruling stops massive compliance costs and will seek a permanent injunction against California's climate disclosure laws

U.S. Chamber of CommerceBusiness group and plaintiff, in a statement by Daryl Joseffer, president of the U.S. Chamber Litigation Center

Condemned

Daryl Joseffer of the U.S. Chamber Litigation Center says the injunction keeps California from imposing massive compliance costs on companies, especially small businesses, and confirms that states cannot impose sweeping, extraterritorial mandates. He says the Chamber will seek a permanent injunction.

Responding to

California's SB 253 and SB 261 compel companies to speak on a contested subject and violate the First Amendment.

“The injunction prevents the state from imposing massive compliance costs on companies, especially small businesses, and confirms that states cannot unilaterally impose sweeping, extraterritorial mandates. ... We look forward to securing a permanent injunction against these laws.”

Reporting

Open source (opens in a new tab)ESG Today: U.S. appeals court blocks key parts of California corporate climate reporting lawsArticle text

Reporting

Open source (opens in a new tab)San Francisco Chronicle: Court limits California rules on companies' greenhouse-gas disclosuresArticle text

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Credit: Carol M. Highsmith / Library of Congress

Where this statement fits

Ninth Circuit blocks California's climate-risk disclosure law and Scope 3 emissions reporting but lets direct-emissions reporting proceed; the U.S. Chamber calls it a First Amendment victory, and Bonta's office and EDF defend the laws

On November 9, 2026, a three-judge panel of the U.S. Court of Appeals for the Ninth Circuit ruled that two California climate disclosure requirements likely violate the First Amendment. The first is SB 261, which requires companies with more than $500 million in annual revenue to report every two years on their climate-related financial risks. The second is the part of SB 253 that requires companies with more than $1 billion in revenue to report emissions across their supply chains and customers, known as Scope 3. The panel reversed the district court's refusal to block those requirements while the suit goes on. The panel let California enforce SB 253's requirement that companies report the emissions from their own operations and from the energy they buy, known as Scope 1 and Scope 2. Judge Jacqueline Nguyen wrote for the majority. Judge Mark Bennett agreed on SB 261 and Scope 3 but would also have blocked the Scope 1 and Scope 2 reporting. The panel sent the case back to the district court to decide whether the Scope 3 provisions can be separated from the rest of SB 253. The U.S. Chamber of Commerce, which brought the suit with the American Farm Bureau Federation and California business groups, called the ruling an important victory and said it would seek a permanent injunction. Attorney General Rob Bonta's office said it was pleased that part of the emissions law can be enforced and was evaluating its next steps. Environmental Defense Fund, which filed a brief supporting the laws, said they are consistent with the First Amendment.

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Source and context

Reporting

ESG Today: U.S. appeals court blocks key parts of California corporate climate reporting laws (opens in a new tab)Article text

About this source

Trade-press report on the ruling with the fuller text of the U.S. Chamber Litigation Center statement by Daryl Joseffer.

Archived copy (opens in a new tab)

Reporting

San Francisco Chronicle: Court limits California rules on companies' greenhouse-gas disclosures (opens in a new tab)Article text

About this source

San Francisco Chronicle report of November 9, 2026 on the ruling, quoting the majority opinion, Judge Bennett's separate opinion, the U.S. Chamber's Daryl Joseffer and Stephanie Jones of Environmental Defense Fund.

Before the quotation

Joseffer called the decision to halt the most onerous parts of California's climate disclosure laws an important victory for businesses and the protection of their First Amendment rights.

After the quotation

The Chamber brought the suit with the California Chamber of Commerce, the American Farm Bureau Federation and other business groups.

How this statement is classified

Condemned

The label describes this statement's response within the context above.

Why this label?

The reference point is California's SB 253 and SB 261, which require large companies to disclose their greenhouse gas emissions and climate-related financial risks, and which the Ninth Circuit partly blocked on November 9, 2026. The Chamber, which sued to block both laws, describes them as costly, sweeping mandates and says it will seek to block them permanently, which condemns the laws.

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Environmental Defense Fund says California's climate disclosure laws are firmly consistent with the First Amendment

Environmental Defense Fund

“California’s climate disclosure laws are firmly consistent with the First Amendment and will provide information that Californians need to make sound financial decisions as businesses advance clean, affordable energy solutions and climate-fueled disasters grow more costly and disruptive. As the case moves forward we will continue to vigorously defend these vitally important laws.”
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The Dispute Index
Title
U.S. Chamber says the ruling stops massive compliance costs and will seek a permanent injunction against California's climate disclosure laws
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The Dispute Index. "U.S. Chamber says the ruling stops massive compliance costs and will seek a permanent injunction against California's climate disclosure laws". First published: 2026-11-12. Last updated: 2026-11-12. https://disputeindex.com/events/8698-daryl-joseffer-of-the-u-s-chamber-litigation