Paul Weiland Discusses How Uncertain Fate of California Climate Disclosure Laws Is Impacting Businesses

Paul Weiland was quoted in the Law360 article “Companies In Limbo Over Calif. Climate Disclosure Laws’ Fate.” The piece takes a look at how companies that operate in California are in a difficult position as the state attempts to implement far reaching laws requiring disclosure of financial risks related to climate change, while at the same time the Ninth Circuit is deciding whether to strike the laws down.

The most recent step to implement the regulations proposed in California Senate Bills 253 and 261 took place on February 26, 2026, when the California Air Resources Board approved initial regulations outlining the administration of and implementation fees for the two corporate climate disclosure laws. SB 253 mandates public and private companies operating in California with annual gross revenues of more than $1 billion disclose their greenhouse gas emissions. SB 261 requires that companies operating in the state with annual gross revenues of more than $500 million disclose climate-related financial risks and mitigation tactics.

At the same time, SB 261 has been temporarily blocked by the Ninth Circuit as it mulls a plea from business groups to enjoin both laws. And to add to the confusion, the Ninth Circuit has not explained its November 2025 decision to enjoin enforcement of SB 261 while the appeal plays out, nor its refusal to enjoin enforcement of SB 253.

Commenting for the article, Paul noted an injunction is only an initial step in the litigation, and a ruling either way might not completely reveal what the Ninth Circuit thinks about the merits of the case. He added, “Even if the appeal is successful, there’s still likely to be open questions. It’s possible that the court could approach the legality of the two different statutes differently, too. So I think there’s a number of…wrinkles that could happen.”