The U.S. Chamber of Commerce and other business groups asked the Supreme Court Friday to block a new California law that would require thousands of companies to disclose their emissions and their impact on climate change.
One of the laws is scheduled to go into effect on January 1st, but it will be put on hold temporarily.
Their lawyers argue that the measure violates the First Amendment because the state would force companies to speak on topics the state favors.
“Within eight weeks, California will force thousands of companies across the country to speak out on the controversial topic of climate change,” they said in an appeal also represented by the California Chamber of Commerce and the Los Angeles County Business Federation.
They say the two new laws will require companies to disclose their anticipated “climate-related risks” and how their operations and emissions contribute to climate change.
“Both laws are part of California’s public campaign to bring companies into the public debate on climate issues and pressure them to change their behavior,” they said. According to their sponsors, their aim is to “make the public actually aware of who is green and who is not.”
SB 261 would require thousands of companies doing business in California to assess their “climate-related financial risks” and how they can reduce those risks. A. Senate Bill 253 applies to large corporations and requires them to assess and disclose their emissions and how their operations may impact the climate.
The appeal argues that these laws amount to unconstitutional forced speech.
“No state should violate the First Amendment right to set its own climate change policy,” they argue. “Compulsory speech laws are likely unconstitutional, especially when, as in this case, they mandate a value-laden script on a controversial topic like climate change.”
The emergency appeal was filed by Washington attorney Eugene Scalia, the son of the late Justice Antonin Scalia.
The companies unsuccessfully tried to persuade a California judge to block the measure. In Sacramento, the Chamber of Commerce filed a lawsuit in Los Angeles.
In August, U.S. District Judge Otis Wright II in Los Angeles ruled that it “restricts commercial speech,” which has fewer protections under the First Amendment. He said companies are routinely required to disclose financial data and factual information about their operations.
Business lawyers said they have appealed to the U.S. 9th Circuit Court of Appeals for an injunction, but no action has been taken.
Shortly after the chamber’s appeal was filed, state attorneys from Iowa and 24 other Republican-leaning states joined in support. They said they “strongly oppose this radical green speech mandate that California is attempting to impose on businesses.”
The justices are expected to ask California prosecutors for a response next week before filing an appeal.
