The ruling allows implementation of the laws while First Amendment litigation proceeds on the merits....more
A preliminary injunction motion is set for May, the judge issued a scheduling order, and CARB announced a public workshop to kick off a rulemaking to implement the laws....more
5/22/2025
/ California ,
Climate Change ,
Commercial Litigation ,
Constitutional Challenges ,
Disclosure Requirements ,
Environmental Litigation ,
Government Agencies ,
Greenhouse Gas Emissions ,
Greenwashing ,
Litigation Strategies ,
Preliminary Injunctions ,
Regulatory Requirements ,
Reporting Requirements ,
Rulemaking Process
Paramount to the ruling in the upcoming May 5, 2025, hearing is the likelihood that strict scrutiny will apply to the plaintiffs’ First Amendment claims against SB 253 and SB 261....more
3/10/2025
/ California ,
CARB ,
Chamber of Commerce ,
Climate Change ,
Constitutional Challenges ,
Disclosure Requirements ,
Environmental Policies ,
First Amendment ,
Greenhouse Gas Emissions ,
Preliminary Injunctions ,
Regulatory Requirements ,
Strict Scrutiny Standard
Supremacy Clause and Dormant Commerce Clause claims against SB 253 and SB 261 were dismissed, while claims under the First Amendment proceed to discovery....more
2/27/2025
/ California ,
California Air Resources Board ,
Carbon Emissions ,
Climate Change ,
Constitutional Challenges ,
Discovery ,
Dormant Commerce Clause ,
Environmental Policies ,
First Amendment ,
Greenhouse Gas Emissions ,
Reporting Requirements ,
Supremacy Clause
In-scope entities should keep preparing for compliance with Senate Bills 253 and 261 as the lawsuit proceeds past an initial summary judgment motion....more
11/19/2024
/ CARB ,
Chamber of Commerce ,
Clean Air Act ,
Climate Change ,
Constitutional Challenges ,
Corporate Governance ,
Disclosure Requirements ,
Discovery ,
First Amendment ,
Greenhouse Gas Emissions ,
Motion for Judgment ,
Pending Litigation ,
Risk Assessment ,
Supremacy Clause ,
Task Force on Climate-related Financial Disclosures (TCFD)
The law suffers the same fate as the California board diversity law requiring directors from “underrepresented communities.”
On May 13, 2022, Los Angeles Superior Court Judge Maureen Duffy-Lewis issued a ruling in Crest...more