Here’s news from Cooley’s Beth Sasfai and Michael Mencher: “A few days ago, the US Court of Appeals for the Ninth Circuit issued a temporary injunction blocking enforcement of California Senate Bill 261. This decision follows an emergency application from several groups – including the US Chamber of Commerce – to the US Supreme Court seeking to halt enforcement of both SB 261 and SB 253 while their Ninth Circuit appeal proceeds.
The Ninth Circuit had previously indicated that it would not hear the appeal until early January – after the January 1, 2026, reporting deadline under SB 261. The injunction will remain in effect until either the Ninth Circuit rules on the merits of the appeal from the District Court or the US Supreme Court acts on the emergency application.
Under SB 261, companies are required to file their disclosures by January 1, 2026, and many have already made significant progress toward completing their reports. Given the uncertainty, we expect many companies will continue finalizing their reporting in the event the stay is lifted, and the original deadline is reinstated. At this time, the Ninth Circuit has allowed SB 253 to remain in effect.”
Authored by
Broc Romanek