The Supreme Court has prevailed to block California laws requiring companies to disclose climate impacts
Washington – The US Chamber of Commerce and other business groups urged the Supreme Court on Friday to block new California laws that would require thousands of companies to disclose their emissions and impacts on climate change.
Some of the laws should go into effect on Jan. 1, and the urgent appeal asks the court to temporarily hold.
Their lawyers say the measures violate the 1st Amendment because the State will be forcing companies to talk about their favorite topic.
“In less than eight weeks, California will force thousands of companies across the state to talk about the controversial topic of climate change,” said the complaint to the California Chamber of Commerce and the Los Angeles County Business Federation.
They say the two new laws will require companies to disclose “climate-related risks” and how their operations and emissions contribute to climate change.
“Both of these laws are part of an open campaign by California to force companies into public discussions about climate conflicts and pressure them to change their behavior,” it said. Their goal, according to their sponsors, is to “make sure the public knows who is right and who isn’t.”
One law, SB 261, would require several thousand companies doing business in California to assess “climate-related financial risk” and how to mitigate that risk. The second measure, Senate Bill 253, which applies to large companies, requires them to assess and disclose their emissions and how their operations may affect the climate.
The appeal claims that these laws reach the consolidated speech of the Constitution.
“No state can violate 1st amendment rights to set a nation’s climate policy.
The urgent appeal was filed by Washington attorney Eugene Scalia, son of Justice Antonin Scala.
The companies tried and failed to convince California judges to block the actions. Exxon Mobil filed suit in Sacramento, while the chamber of commerce sued in Los Angeles.
In August, US District Judge otis Wright II in Los Angeles refused to block the laws on the grounds that they “restricted commercial speech,” which is partially protected under the 1st amendment. He said businesses are always required to disclose financial data and factual information about their operations.
Lawyers for the business said they petitioned the US 9th Circuit Court of Cactues Cleats for an injunction, but no action was taken.
Shortly after the Chamber’s appeal was filed, state attorneys general from Iowa and 24 other reduced states joined. They said they are ‘vehemently opposed to this tough-looking green talk that California wants to get rid of corporations. “
The justices are likely to ask for answers next week from California state attorneys before taking up the appeal.
