Corporations Win “Free Speech” Right To Hide Pollution

"A federal appeals court says forcing corporations to disclose their biggest sources of climate pollution is likely unconstitutional."

"A San Francisco-based federal appeals court just blocked a key portion of a landmark California law that requires companies to publicly disclose the bulk of their climate-affecting emissions. 

On Nov. 9, the Ninth Circuit Court of Appeals ruled that the portion of the 2023 California law requiring companies with annual revenues over $1 billion to report their “Scope 3” emissions is “likely unconstitutional” because it violates the First Amendment by compelling speech. The court also blocked enforcement of a separate law that requires companies with annual revenues of more than $500 million to report their climate change risks.

Scope 3 emissions include indirect greenhouse gas emissions generated by a company, including those from shipping, production, and consumer consumption. (For fossil fuel companies, think emissions from coal plants and automobiles.)"

Freddy Brewster reports for The Lever November 10, 2026.

Source: The Lever, 11/12/2026