Sustainability/ESG Policy and Regulatory Update

On December 1, 2025, the California Air Resources Board (CARB) released an Enforcement Advisory clarifying that it will not enforce SB 261 against covered entities for failing to publish climate-related financial risk reports by the January 1, 2026, statutory deadline.¹

On November 18, 2025, the U.S. Court of Appeals for the 9th Circuit issued an order enjoining the state of California from enforcing its climate-related financial risk reporting law, SB 261, while the Court hears full arguments on the merits. SB 261 requires covered entities (i.e., companies with over $500 million in annual global revenue who “do business in California”) to publish climate-related financial risk reports on their websites by January 1, 2026.¹

On November 18, 2025, the California Air Resources Board (CARB) will host its third virtual workshop addressing regulations under SB 253 (Climate Corporate Data Accountability Act) and SB 261 (Climate-Related Financial Risk Act). The session follows CARB’s October 2025 decision to delay publishing draft regulations, which originally were slated for board consideration in December 2025.

Despite litigation challenges and regulatory delays, deadlines are not shifting for reporting under California’s Climate Disclosure laws. Most recently, California Air Resources Board (CARB) delayed publishing draft regulations for SB 253 and SB 261, citing extensive public comments and ongoing input on covered entities. Despite the fact that CARB expects to publish an updated timeline for final regulations in early 2026, inaugural reporting under SB 261 is due by January 1, 2026.