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California sued over law forcing companies to disclose greenhouse gas emissions

A coalition of business organizations led by the U.S. Chamber of Commerce has filed a federal lawsuit against the state of California over two recently enacted laws that require companies to disclose climate data.

The lawsuit, filed Tuesday in the U.S. District Court for the Central District of California, violates the First Amendment to the U.S. Constitution, which prohibits states from “compelling subjective speech from businesses,” and the federal Clean Air Act, which prohibits states. Alleges that it is in violation. Move away from other states’ emissions regulations.

“We are proud of the leadership and innovation shown by American businesses in tackling climate change. Businesses and government need to work together to address the problem, and that requires practical, flexible, and We need predictable and durable policies,” said Tom Quadman. Executive Director of the Chamber of Commerce’s Capital Markets Competitiveness Center.

“California’s corporate disclosure law does the opposite, violating the First Amendment by forcing companies to make subjective statements,” he continued. “California’s law usurps the role of federal regulators, paving the way for other states to take opposing approaches to disclosure, and leaving companies and their investors caught between states’ political conflicts. .”

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Democratic California Governor Newsom will speak in San Francisco on November 9, 2023. (AP Photo/Jeff Chee, File)

Quadman said California’s law introduces overlapping and contradictory state-imposed requirements that will ultimately threaten the competitiveness of U.S. capital markets. He also said the cost of regulatory compliance will negatively impact businesses of all sizes, including small and medium-sized businesses.

In October, Democratic California Governor Gavin Newsom signed Senate Bill 253 into law. This bill would require the California Air Resources Board (CARB) to develop regulations requiring greenhouse gas disclosures by companies operating in California with annual gross revenues of more than $1 billion, starting January 2025. It is ordered that it be promulgated by. Submit emissions to emissions reporting agencies.

When Newsom signed the bill, he acknowledged that the timeline it included was unreasonable and called on the Legislature to address these issues. He also expressed concern about the bill’s overall financial impact and directed CARB to monitor the costs businesses incur as a result of the regulation.

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“This important policy transforms information transparency into climate action and demonstrates once again California’s continued leadership in boldly addressing the climate crisis,” the Governor said upon signing the bill. Stated.

“However, the bill’s implementation deadlines are likely unfeasible, and the reporting protocols specified could result in inconsistent reporting among companies subject to this measure,” Newsom added. . “Furthermore, because I am concerned about the overall financial impact of this bill on businesses, I urge CARB to closely monitor the cost implications of implementing this new bill and streamline the program.” We are directing them to make recommendations for this purpose.”

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A driver charges an electric car at a station in Monterey Park, California, on August 31. The state has sought to lead on climate change and green energy policy in recent years. (Frederick J. Brown/AFP via Getty Images)

On the same day, Governor Newsom signed Senate Bill 261. The bill would require companies operating in California with annual gross revenues of more than $500 million to prepare biennial reports detailing their climate-related financial risks starting in 2026. The governor similarly asked CARB to monitor its financial situation. He said he needed to consider the impact of the law and revise its schedule.

of chamber of commerce — and co-plaintiffs American Farm Bureau Federation, California Chamber of Commerce, Central Valley Business Federation, Los Angeles County Business Federation, and Western Producers Association said in a lawsuit Tuesday that state law requires companies to disclose direct and indirect emissions. He claimed to be able to do so. “It’s almost impossible for companies to calculate accurately.”

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Additionally, the lawsuit says the law seeks to impose a national standard because the regulations apply to companies with minimal operations in California.

“The Chamber and its partners will continue to fight back against illegal and excessive government overreach at the state and federal level, especially against micromanagement that undermines responsible corporate efforts to address climate risks.” Quadman he said.

California Sen. Scott Wiener speaks in Sacramento, California on May 16, 2023. Wiener authored Senate Bill 253, which would require California businesses to disclose their greenhouse gas emissions. (Kimberly White/Getty Images, Demand Justice)

After the lawsuit was filed, Sen. Scott Wiener, D-Calif., who authored Senate Bill 253, denounced the chamber’s actions as “a direct denial of climate change.”

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“Why is the Chamber of Commerce so aggressively trying to thwart basic transparency to the public? We know the answer,” Wiener said in a statement. “It’s not because of the Chamber’s bogus arguments about cost and enforcement, because it’s low cost and easy for companies to disclose this information. It’s not because of the Chamber’s bizarre and frivolous Constitutional Amendment Act. It’s not because of the Article 1 argument.”

“Rather, the Chamber of Commerce is taking such radical legal action because many large corporations, especially fossil fuel companies and big banks, are concerned about how dramatically they accelerate climate change. “We are completely afraid that we will no longer be able to do so unless the public is informed about what is going on. We could mislead the public and investors.” “The Chamber of Commerce and big polluting corporations don’t want the public to know how much they’re strangling the planet with carbon emissions. That’s why they filed this baseless lawsuit.”

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