On 6 May 2026, the European Commission (“EC”) published its consultation on draft final revised European Sustainability Reporting Standards (“ESRS”), alongside a draft voluntary reporting standard for certain SMEs (“VSME”). The revised ESRS are intended to simplify sustainability reporting under the EU Corporate Sustainability Reporting Directive (“CSRD”) by reducing mandatory datapoints by more than 60% and total datapoints by over 70%, simplifying materiality assessment and clarifying reporting requirements.

Background

The CSRD requires in-scope EU undertakings, including EU subsidiaries of non-EU parent companies, to report on sustainability matters in accordance with the ESRS. The first set of ESRS was adopted by the EC in July 2023 by way of delegated regulation (which you can read more about here).

The first set of ESRS included two cross-cutting standards, ESRS 1 and ESRS 2, and ten topical standards covering ESG matters. The standards were, however, widely criticised for containing too many datapoints and for lacking sufficient clarity. As a result, in March 2025, as part of the EU’s Omnibus proposals (which you can read more about here), the EC requested that EFRAG simplify the ESRS. EFRAG subsequently published exposure drafts in July 2025 and submitted its final technical advice in December 2025. The EC’s May 2026 draft delegated regulation is based closely on EFRAG’s draft revised ESRS.

Key changes in the revised ESRS

The revised ESRS retain the fundamental structure of the existing standards. The same broad topics remain reportable, but the proposed changes reduce the number of datapoints, clarify the language of reporting obligations and introduce additional flexibility in how undertakings apply the standards.

The most important practical change is the revised approach to materiality. The revised ESRS emphasise a top-down approach, under which the company starts from its business model and strategy and focuses on areas where material impacts, risks and opportunities are likely to arise by reference to factors such as sector, geography and activities. The EC’s draft also states that undertakings are not expected to meet the specific information needs of each individual user and that they “shall not” report information that is not material except in defined circumstances.

The EC has also introduced clarifications on fair presentation, confirming that the assessment applies to the sustainability statement as a whole rather than to each individual datapoint. The draft gives undertakings greater discretion when considering whether specific geographical contexts are relevant to the materiality assessment and clarifies that the level of disaggregation used for that assessment does not necessarily dictate the level of disaggregation required in the sustainability statement.

Other flexibilities include provisions allowing omission of information that would be seriously prejudicial to the undertaking’s commercial position, a possibility to omit information where there is “undue cost or effort”, clarification that anticipated financial effects may involve estimates that can later be updated without constituting an error, and flexibility to use either the financial control approach or the operational control approach when defining the greenhouse gas reporting boundary.

Targeted changes, interoperability and value chain reporting

The revised ESRS include a number of topic-specific amendments. For climate reporting, the changes include improved alignment of transition plan disclosures with IFRS S2 and transparency requirements where transition plans are not aligned with a 1.5°C target. Other changes include simplified water reporting, revised biodiversity and circular economy disclosures, a narrower approach to substantiated human rights and discrimination incidents, and simplified business conduct metrics.

The revised ESRS improve alignment with the ISSB standards, including through terminology and climate transition plan disclosures. However, the EC has not introduced a mechanism allowing an ISSB report to be used as the financial materiality section of an ESRS report, with impact materiality added separately. Companies reporting under both frameworks will therefore need to continue managing the two regimes separately.

The revised ESRS also address value chain reporting. For instance, the revised ESRS clarify that where an undertaking manages investments subject to a fiduciary duty on behalf of clients without retaining the risks or rewards of ownership, it is not expected to provide data on those investments.

VSME

Alongside the revised ESRS, the EC has published a draft VSME covering “protected undertakings”, i.e., undertakings that are not subject to mandatory CSRD reporting and do not exceed an average of 1,000 employees during the preceding financial year. The draft is based on EFRAG’s 2024 voluntary SME standard, which the EC endorsed by recommendation in 2025.

The voluntary standard has two key objectives: (1) to facilitate voluntary reporting through a simple and standardised framework; and (2) to address the “trickle-down effect” of value-chain reporting by limiting the information that may be requested from protected undertakings. The draft VSME is also designed to operate as a “value-chain cap”. This means that CSRD in-scope undertakings cannot require protected undertakings in their value chains to provide information beyond the applicable cap. The cap applies from financial year 2027 for undertakings in scope of mandatory reporting.

Non-EU parent undertakings

The current consultation does not cover the separate sustainability reporting standards for non-EU parent undertakings that fall within the scope of the CSRD (the “NESRS”). Those NESRS will apply to large non-EU groups generating significant turnover in the EU and with at least one large EU subsidiary or branch. In its 2026 Work Programme, EFRAG said that it anticipates delivering advice to the EC on the NESRS by the end of January 2027, following a public consultation and the preparation of an exposure draft. Non-EU groups should therefore continue to monitor developments closely because the content and timing of the standards remain to be confirmed and are likely to be influenced by the revised ESRS process.

What next?

Stakeholders may submit feedback on the draft delegated acts until 3 June 2026. The EC has indicated that it will adopt the delegated acts as soon as possible after the consultation closes, after which they will be sent to the European Parliament and the Council of the EU for scrutiny under the no-objection procedure.

The draft revised ESRS delegated regulation would enter into force on the third day following publication in the Official Journal of the EU and would apply to financial years beginning on or after 1 January 2027, with undertakings in scope of the existing ESRS able to apply the revised ESRS voluntarily for financial years beginning between 1 January 2026 and 31 December 2026. The VSME would be available for voluntary use from the date of entry into force of the delegated regulation.

There were some significant developments in the corporate sustainability reporting world this week: the EU published the directive implementing the so-called ‘Omnibus 1 package’ (the “Omnibus 1 Directive”), whilst the UK Government published finalised versions of the UK Sustainability Reporting Standards (“UK SRS”).

Omnibus 1 Directive

On 26 February 2026, the Omnibus 1 Directive, i.e., the directive implementing the EU’s streamlining of the Corporate Sustainability Reporting Directive (“CSRD”) and Corporate Sustainability Due Diligence Directive (“CS3D”), was published in the Official Journal of the EU.

Although the proposed content of the Omnibus 1 Directive has changed many times since the European Commission presented its initial proposals on 26 February 2025, the finalised published text mirrors the European Parliament’s and the Council of the EU’s provisionally agreed text, which you can read more about here.

The Omnibus 1 Directive will enter into force on 18 March 2026. EU Member States will have until 19 March 2027 to implement the amendments to the CSRD and until 26 July 2028 to implement the amendments to the CS3D.

For further detail on how the Omnibus 1 Directive will amend the CSRD and CS3D, read our earlier updates here and here.

UK SRS

On 25 February 2026, the UK Department for Business and Trade finalised and issued the UK SRS. The UK SRS are closely aligned with the IFRS S1 and S2 Sustainability Disclosure Standards, which you can read more about here. Similarly to IFRS S1 and S2, the UK SRS are split into two standards:

  1. UK SRS S1 (General Requirements for Disclosure of Sustainability-related Financial Information):  sets out the overarching disclosure framework and requires entities to, among other things, disclose information about all sustainability-related risks and opportunities that could reasonably be expected to affect their cash flows, access to finance or cost of capital over the short, medium or long term; and
  2. UK SRS S2 (Climate-related Disclosures): sets out climate-related disclosure requirements across the pillars of governance, strategy, risk management, and metrics and targets.

Although the UK SRS are substantially aligned with IFRS S1 and S2, there are some material differences between the two standards, including (but not limited to):

  1. the UK SRS do not include transition reporting relief to allow entities to report information after they publish their related financial statements; and
  2. the UK SRS have amended the requirement for financial institutions to disclose financed emissions so that it is on a ‘comply or explain’ basis.

The UK SRS are currently available for voluntary use by UK listed and non-listed companies, but this is likely to change. For instance, on 30 January 2026, the FCA published a consultation on updating its Listing Rules to replace TCFD-aligned disclosures with UK SRS-aligned disclosures. The FCA’s consultation proposes that in-scope listed entities will mandatorily disclose information about their climate-related risks and opportunities in accordance with UK SRS S2, whilst scope 3 greenhouse gas emissions and information about sustainability-related risks and opportunities beyond climate would be disclosed on a ‘comply or explain’ basis. The FCA has proposed a phased implementation approach, taking effect from 1 January 2027. The consultation closes on 20 March 2026.

In addition, in its policy paper dated 17 March 2025, the UK Government indicated that it will consider consulting on requiring certain private companies to make UK SRS-aligned disclosures. The UK Government has not yet released any further information on timing.

Moreover, in its response to the UK SRS consultation, the UK Government confirmed that UK SRS S2 is a national reporting framework for the purposes of the section 414CB(6) of the Companies Act 2006, meaning that companies and LLPs in-scope of the climate-related financial information disclosure requirements under the Companies Act 2006 will be able to meet these requirements by reporting in accordance with UK SRS S2.

The second half of 2025 was marked by the Cour de cassation’s recognition of a general duty of vigilance in environmental matters.

More precisely, by two decisions published in its official report (Cass. civ. 1st, 24 September 2025, no. 23-23.869; Cass. civ. 3rd, 13 November 2025, no. 24-10.954), the Cour de cassation endorsed the principle already enshrined by the Constitutional Council nearly fifteen years earlier, namely that “everyone is subject to a duty of vigilance with respect to harm to the environment that could result from his or her activity” (Cons. const., 8 April 2011, Michel Z., no. 2011-116 QPC).

This new standard of behavior requires anyone whose activities are likely to cause damage to the environment to take the necessary steps to identify and prevent such damage. A breach of this environmental vigilance obligation may expose the party in breach to tortious and contractual liability alike.

The scope of these two decisions is therefore significant. In particular, it should induce economic operators, when faced with uncertainty about the environmental risks posed by their activities, to document the positive vigilance and prudence measures they have implemented (scientific monitoring, definition of a rational risk-management strategy etc.).

Continue reading this Legal Update.

In late 2025, the EU postponed the application of the EU Regulation on Deforestation-free products (EUDR) for the the second time. Under Regulation (EU) 2025/2650, the EUDR is now scheduled to enter into application on December 30, 2026. This Legal Update discusses the likelihood of re-opening of the EUDR for further simplification. We also address other key implementation milestones expected in 2026, namely adoption of the draft Delegated Regulation, expansion of the EUDR’s product scope, and revisions to the FAQs and Guidance documents.

Continue reading this Legal Update.

The Norwegian National Contact Point (“NCP”) issued its Final Statement on 11 December 2025 regarding a complaint filed by SOMO on behalf of 474 Myanmar-based civil society organisations (“CSO”) against Telenor ASA (“Telenor”) concerning Telenor’s operations and exit from Myanmar following the February 2021 military coup. The NCP concluded that Telenor did not conduct ongoing human rights due diligence commensurate with the severity and likelihood of adverse impacts during disengagement and recommended that Telenor play an active role in remediation.

The Statement underscores that the NCP process, while non-binding, is taken seriously and can catalyse civil litigation. It also provides helpful guidance on what “responsible exit” and the corporate responsibility to remedy should entail. (For further information on the role of National Contact Points, see our earlier article here).

Key Facts

The parties are SOMO, an Amsterdam-based not-for-profit that filed the complaint on behalf of 474 Myanmar CSOs, and Telenor ASA, a majority state-owned Norwegian telecommunications group that formerly operated Telenor Myanmar.

Following the military coup on 1 February 2021, Telenor decided that it was not possible to continue operating in Myanmar and sold the operations to the Lebanese investment company M1 Group for USD 105 million.

The complaint from SOMO alleged that Telenor’s disengagement from Myanmar did not meet the standards of responsible disengagement set out in the OECD Guidelines in three key ways: 

  1. Telenor failed to conduct appropriate risk-based due diligence and failed to seek to prevent or mitigate adverse human rights impacts to its customers potentially arising from the sale;
  2. Telenor failed to meaningfully engage relevant stakeholders in relation to the sale to M1 Group; and
  3. Telenor fell short of OECD standards on disclosure and communication about its due diligence in connection with the decision to exit Myanmar.

In response, Telenor stated that post‑coup operations could not be continued in line with its policies and international expectations, emphasising employee safety and the decision to sell as a last resort, while highlighting the objective of maintaining connectivity and services for approximately 18 million subscribers, hospitals and banks.

Telenor’s engagement with the NCP process

Telenor accepted the NCP’s offer of “good offices” and mediation commenced in June 2022. Mediation led to a Memorandum of Understanding (MoU) between the parties published by the NCP on 28 October 2022, capturing agreements, acknowledgements, and a forward plan.

As part of the MoU follow‑up, the parties commissioned an independent ICT Ecosystem Study, funded by Telenor, to assess risks associated with digital footprints and surveillance in Myanmar. As a follow-up action from the ICT Ecosystem Study, the parties also agreed to explore how an independent Myanmar digital security relief mechanism could be established to provide support to Myanmar citizens facing risks and impacts associated with their digital footprint.

The parties further agreed that Telenor would revisit its previous risk assessment process to determine whether there were any additional risks to be addressed, and to continue engagement with stakeholders and rightsholders by providing them with information about the risks associated with the digital eco-system and the sale of Telenor Myanmar.

A final mediation session was planned for spring 2024 to discuss follow‑up remedial actions, including the design of an independent Myanmar digital security relief mechanism. The session was ultimately cancelled due to the distance between the parties’ positions, after which the NCP proceeded to examine the remaining issues in autumn 2024.

Taken together, these steps indicate that Telenor engaged seriously with the NCP process. Telenor’s willingness to finance independent analysis and to work toward a targeted relief mechanism aligns with the NCP’s expectation that it take an active role in remediation.

NCP’s key findings

The NCP found that Telenor did not undertake ongoing human rights due diligence (“HRDD”) commensurate with the severity and likelihood of adverse impacts, noting that it was inconsistent with the expectations of the OECD Guidelines for Multinational Enterprises (the “Guidelines”) to systematically prioritise one set of rightsholders – employees – over others, including customers. 

The NCP emphasised that when it became clear regulatory approval required majority local ownership linked to the military junta, Telenor should have conducted a new, thorough HRDD process with renewed risk prioritisation and meaningful engagement of rightsholders; this did not occur. 

The Statement also identified a deficit in preparedness: Telenor lacked an exit strategy pre-coup and crisis planning for a return to full military rule, which constrained mitigation options once the coup occurred.  The NCP also criticised the sale contract for not requiring the buyer to adopt specific human rights policies and procedures suited to a conflict‑affected context.

The NCP expects Telenor to take an active role in remedy that is commensurate with its contribution to adverse impacts. Most notably, the NCP expects Telenor to continue its engagement and commitment to explore, design and implement a Myanmar digital security relief mechanism, including providing financial support. The mechanism is described as a fund‑type vehicle designed to reduce risks associated with users’ digital footprints.

Following the Final Statement, Telenor issued a public response acknowledging the NCP’s process and reiterating its commitment to the OECD Guidelines. It also stated that it had fulfilled its key MoU commitments, including by funding the independent ICT ecosystem study, and that it would continue to explore how an independent Myanmar digital security relief mechanism could be established.

Why NCP complaints matter for companies

Although NCP processes are non‑judicial, they can carry significant legal and commercial consequences. NCP statements are public, can shape stakeholder and investor expectations, and may catalyse civil litigation. In this matter, Myanmar civil society groups and victims issued a pre‑action letter to Telenor in Norway in October 2025 notifying their intention to initiate litigation concerning alleged disclosure of personal data to Myanmar’s military authorities. Companies should therefore approach NCP proceedings as part of a broader dispute and risk‑management strategy.

Key takeaways

Overall, companies should engage strategically with the NCP process and recognise that NCP’s expect companies to engage actively in remediation where they have caused or contributed to adverse impacts.

Companies should also recognise that NCP outcomes can influence parallel processes, including potential civil litigation. More generally, companies should obtain proper legal advice in order to help them align policies and practices with the Guidelines, reduce the risk of NCP complaints, and demonstrate compliance if a complaint is made

Yesterday, 10 December 2025, the Council’s presidency and European Parliament’s negotiators reached a provisional agreement to simplify the EU’s sustainability reporting and due diligence requirements.  The provisional agreement must be now endorsed by the Council and the European Parliament, before it is formally adopted by the two institutions.  However, further changes are unlikely and the legislative changes should be fully agreed by 16 December. 

As regards the Corporate Sustainability Reporting Directive (CSRD), the Commission proposed to increase the employee threshold to 1000 employees and to remove listed SMEs from the scope of the directive, meaning that entities with fewer than 1000 employees and listed SMEs would not need to provide sustainability reports. It is now agreed, in addition, that only entities with a turnover of over €450 million will have to do so.  Finally, companies that had to start reporting from financial year 2024 (the so-called “wave one” companies) will be formally “out of scope” for 2025 and 2026.  We note that some “wave one” companies have already reported. 

As regards the Corporate Sustainability Due Diligence Directive (CS3D), the CS3D’s transposition deadline has been postponed by another year, to 26 July 2028. Companies will have to comply with the CS3D’s requirements by July 2029.  It has been agreed that entities will only be in scope if they have more than 5,000 employees and €1.5 billion net turnover. In addition, (in a change to amendments proposed by the Commission which limited scope of the due diligence requirements to a company’s own operations, those of its subsidiaries, and those of its direct business partners), it has been agreed that companies can focus on the areas of their chains of activities where actual and potential adverse impacts are most likely to occur.  Further, when a company has identified adverse impacts, they are given the ability to prioritise assessing adverse impacts which involve direct business partners.  They are no longer required to carry out a comprehensive value chain mapping exercise but instead can conduct a more general scoping exercise. Companies will no longer be required to adopt a climate transition plan.  The liability regime has also been watered down. 

We know our clients have been following California’s climate-disclosure laws closely – including the timing of effectiveness and the various legal challenges. This update relates to a new Ninth Circuit ruling that has effectively hit “pause” on one key pillar of California’s climate-disclosure package.

On November 18, 2025, the Ninth Circuit Court granted a partial injunction blocking enforcement of California’s climate-related financial risk disclosure law – SB 261. Notably, the green house gas emissions reporting law under SB 253 remains in effect, with CARB, in its most recent presentations to the public, proposing August 10, 2026 as the deadline for initial SB 253 disclosures.

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Ninth Circuit Ruling pausing SB 261, but not SB 253

This ruling comes weeks before the January 1, 2026 compliance deadline for SB 261, and on the back of the emergency motion filed with the US Supreme Court on November 10, 2025, following through on the stated intent of the US Chamber of Commerce and the other plaintiffs to seek higher court intervention absent a ruling on their initial motion for injunction pending appeal by November 3, 2025. Now, as a result of the Ninth Circuit’s November 18 preliminary injunction, CARB is enjoined from enforcing SB 261.

This preliminary injunction pending appeal stems from a constitutional challenge filed by the US Chamber of Commerce and allied business organizations, which we first reported on in our February 2024 Legal Update. In seeking relief, the plaintiffs had argued that both SB 253 and SB 261 violate the First Amendment of the US Constitution by compelling speech on controversial policy matters, among other constitutional defects.

In a statement issued on the date of the Ninth Circuit’s ruling, the US Chamber of Commerce welcomed this decision by the Ninth Circuit. CARB, however, has not provided a public statement regarding if or how it intends to respond to this ruling granting the preliminary injunction pending appeal with respect to SB 261.

What the Ninth Circuit injunction means in the short term

The Ninth Circuit’s decision to enjoin SB 261 provides immediate relief to thousands of companies that would otherwise have been required to publish climate-related financial risk reports by January 1, 2026. The ruling marks a significant development in the ongoing tension between California’s climate policy ambitions and constitutional limits on compelled speech. For now, companies may pause SB 261 compliance efforts while the constitutional challenge in the Ninth Circuit proceeds but should maintain a “ready posture” so they can resume quickly if the injunction is lifted.

And while the practical impact of the ruling on the initial “light-touch” enforcement approach CARB has previously suggested is not yet clear, there is no basis to assume CARB will alter its stance solely because of this decision were the law to survive. And of course, unless there is a ruling that subsequently impacts SB 253, companies should continue to prepare for that, recognizing that a Ninth Circuit decision may arrive before the CARB-proposed August 2026 initial reporting deadline.

Other legal challenges – ExxonMobil’s recent lawsuit

As discussed in our October 2025 blog post, on October 24, 2025, ExxonMobil filed a lawsuit in the Eastern District of California seeking to overturn SB 253 and SB 261, using similar constitutional arguments raised in the US Chamber of Commerce suit and also arguing that SB 261 is preempted by the National Securities Markets Improvement Act (NSMIA).

While that case was proceeding, in light of the Ninth Circuit’s ruling granting a preliminary injunction with respect to SB 261 in the US Chamber of Commerce case, on November 19, 2025, ExxonMobil and California jointly stipulated to vacate all briefing deadlines and the hearing on ExxonMobil’s preliminary injunction motion, acknowledging that “the Ninth Circuit’s November 18 order affords the relief ExxonMobil’s pending motions seek while the Chamber of Commerce appeal is pending.”

The stipulation provides that within seven days of any Ninth Circuit decision or order dissolving the injunction in the US Chamber of Commerce case, the parties will meet and confer to determine next steps in the ExxonMobil litigation, effectively putting that case on hold pending the Ninth Circuit’s resolution of the US Chamber of Commerce appeal.

Application of SB 253 so far unaffected

While these legal challenges add to the regulatory and enforcement uncertainty surrounding the California climate disclosure laws, litigation has so far not invalidated or paused SB 253 —and companies within SB 253’s scope should continue preparing for compliance while monitoring both the appellate litigation and CARB’s ongoing rulemaking process for any further developments.

Where can I find Mayer Brown’s comprehensive updates on these laws so I have them in one place or in a hyper-linked connected manner?

Below are links to our other legal updates (not referred to above) addressing SB 253 and SB 261 and the ongoing litigation:

Shortly, we will issue further guidance addressing CARB’s recent updates that provided, among other things, additional clarity regarding key definitions, including (a) CARB’s revised “California Corporate Greenhouse Gas Reporting and Climate-Related Financial Risk Disclosure Programs: Frequently Asked Questions About Regulatory Development and Initial Reports” issued on November 17, 2025; (b) CARB’s revised “Climate Related Financial Risk Disclosures: Checklist” issued on November 17, 2025; and (c) CARB’s virtual public workshop hosted on November 18, 2025 (with the slide presentation from that workshop accessible here).

This update covers information regarding the California Air Resources Board (CARB) rulemaking delay for California’s climate disclosure laws, SB 253 and SB 261, as well as additional new litigation challenging the constitutionality of these laws. The bottom line for companies is that despite the rulemaking delays and ongoing litigation, the laws remain valid and in effect, with disclosure deadlines unchanged. We encourage you to review this update in conjunction with our earlier updates that we have issued (some of which are referenced in this update).

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As companies doing business in California prepare to comply with the state’s climate disclosure requirements, CARB has announced it will push its initial rulemaking under SB 253 and SB 261 to Q1 2026, citing the large volume of public comments and ongoing input related to identifying covered entities.

Notably, this rulemaking delay will not affect the statutory compliance deadlines. The first climate-related financial risk reports under SB 261 are still due by January 1, 2026, and Scope 1 and 2 emissions disclosures under SB 253 are scheduled to begin in 2026, with CARB proposing June 30, 2026 as the deadline for initial SB 253 disclosures. This means companies will need to prepare their initial filing reports without the benefit of final implementing regulations—at least with respect to the SB 261 disclosures.

In the face of these regulatory delays, SB 253 and SB 261 are subject to mounting legal challenges. As detailed in our February 2024 Legal Update, the U.S. Chamber of Commerce and several other business and industry trade organizations filed suit challenging both statutes on First Amendment, preemption and extraterritorial/Dormant Commerce Clause grounds. Following a denial of a preliminary injunction that would have enjoined CARB from implementing, applying, or taking any action to enforce SB 253 and SB 261, the plaintiffs filed a notice of appeal which is currently pending in the Ninth Circuit.[1]

Despite SB 253 and SB 261 surviving First Amendment and other challenges brought by the U.S. Chamber of Commerce and others, ExxonMobil Corporation, on October 24, 2025, filed a similar constitutional challenge in the Eastern District of California.

In this latest challenge, ExxonMobil is seeking, among other things, to enjoin CARB from implementing, applying, or taking any action to enforce SB 253 and SB 261.[2] ExxonMobil argues that both laws unconstitutionally compel and regulate viewpoint-based speech in violation of the First Amendment by mandating disclosures in frameworks ExxonMobil contends reflect California’s preferred viewpoint on climate policy.[3] The complaint further asserts that SB 261 is preempted by the National Securities Markets Improvement Act (NSMIA) because it effectively imposes additional investor disclosure requirements beyond those required under the federal securities laws.[4] ExxonMobil also points to CARB’s draft Scope 1 and 2 reporting template—released October 10, 2025—as evidence that implementation may require base-year “recalculations” and other elements that go beyond the Greenhouse Gas Protocol’s core requirements or create misalignment with intensity-based reporting approaches.[5]

While these legal challenges add to the regulatory and enforcement uncertainty surrounding the California climate disclosure regime, previous litigation has not invalidated the laws or stayed their effectiveness—and neither CARB nor the California legislature has to date adjusted the statutory compliance timelines in light of these legal challenges.

As noted above, SB 261 climate-related financial risk reports remain due beginning January 1, 2026, and Scope 1 and 2 reporting under SB 253 begins in 2026, with Scope 3 to follow in 2027.[6] CARB has previously signaled enforcement discretion for the first reporting cycle, but has not shifted statutory deadlines. Companies potentially subject to these laws should continue preparing disclosures, monitoring the docket for any injunctions or merits rulings, and tracking CARB’s ongoing guidance and templates as they evolve. For a detailed discussion of the latest updates relating to SB 253 and SB 261 requirements and what companies can do now to prepare for compliance, see our comprehensive Legal Update.

[1] Plaintiffs filed an emergency motion with the Ninth Circuit on October 27, 2025 requesting the court to schedule a hearing on plaintiffs’ pending injunction motion. This emergency motion was granted in part on October 29, 2025 with the court noting that the pending motion for injunctive relief would be assigned to a merits panel and scheduled for oral arguments on January 9, 2026 (i.e., after the date of the deadline for the initial SB 261 disclosures).

[2] Complaint at p.1, Exxon Mobil Corp. v. Sanchez, No. 2:25-at-01462 (E.D. Cal. filed Oct. 24, 2025).

[3] Id. at p.1.

[4] Id. at p. 2.

[5] Id. at p.14.

[6] Id. at p.2, p.9.

On 17 October 2025, Regulation (EU) 2025/2083 of the European Parliament and of the Council of 8 October 2025 amending Regulation (EU) 2023/956 as regards simplifying and strengthening the carbon border adjustment mechanism (“CBAM”) was published in the Official Journal of the European Union (the “CBAM Simplification Regulation”). This is the first instrument to amend Regulation (EU) 2023/956 establishing a CBAM (the “CBAM Regulation”), reflecting the European Commission’s recent commitment to reduce the regulatory burden on businesses.  Read more here.

Under international standards such as the UN Guiding Principles and the OECD Guidelines, companies are expected to conduct human rights and environmental due diligence to identify, assess, mitigate and remediate any adverse human rights or environmental impacts that they cause, contribute to or are otherwise linked to.  A failure to do so can expose a company to legal, regulatory and reputational risk.  This could come in the form of litigation and other dispute resolution (e.g. National Contact Point complaints), regulatory fines, stakeholder pressure (e.g. from investors or NGOs) and/or a drop in share price.

The mining sector is generally exposed to heightened human rights and environmental risks.  New mining operations may impact local communities and Indigenous Peoples; leaks of tailings dams could contaminate local water supplies leading to environmental contamination and/or restricting the availability of potable water for local communities; excessive use of local natural resources could have lasting impacts on the local environment. 

The robust management of human rights and environmental risk by mining companies is at the core of such companies’ licence to operate.  Two recent cases illustrate some of the perils that mining companies can face from a failure to effectively manage human rights and environmental risks – putting their licence to operate at risk and attracting regulatory sanctions.

Ecuador: environmental licence revoked over community and water concerns

In October 2025, Ecuadorian authorities revoked an environmental licence granted to a Canadian mining company for the development of Loma Larga, a gold project in an environmentally sensitive area.[1]  Local residents and authorities had argued the project threatened the Quimsacocha water reserve and posed material health risks.

The case is illustrative of how human rights and environmental considerations can go to the heart of a mining company’s licence to operate: under the UNGPs and OECD Guidelines companies should respect indigenous people’s rights, including by obtaining free, prior and informed consent (FPIC) as part of the stakeholder engagement process.  While an environmental licence was previously granted, pushback from the local community was sufficient for the government to revoke a licence that had been previously granted – showing that stakeholder pressure could lead to government agencies revisiting past decisions.

Chile: regulatory enforcement at lithium operations

In September 2025, Chile’s environmental regulator fined a US company nearly $340,000 for exceeding its approved water extraction limited between October 2019 and September 2020, and for failing to comply with safeguards under its aquifer alert plan.[2]  This case illustrates some of the challenges in conducting operations in areas that present particularly high environmental risks – and illustrates that regulatory risk can crystallise where an operator falls foul of its environmental obligations.

Where there is a regulatory finding of this nature, it is foreseeable that other interested parties (e.g., NGOs, local communities, supply chain counterparties) may be put on notice as to other forms of pressure they could exert on the operator (e.g. through litigation if they have suffered loss or via an NCP complaint in respect of a potential violation of the OECD Guidelines).

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As companies develop, review and enhance their existing sustainability and human rights programmes, in line with best practice, companies may wish to apply the below strategies to improve their sustainability and human rights risk management strategies:

  1. Ensuring that they have processes in place at a board level to translate human rights-related commitments into positive action;
  2. Closely monitoring legislative developments relating to mandatory human rights and environmental due diligence (“HREDD”) obligations;
  3. Integrating meaningful stakeholder engagement in all steps of their HREDD process;
  4. Carrying out a human rights impact assessment and taking proportionate counter-measures, as well as communicating internally and externally on what measures have already been taken;
  5. Reviewing and reinforcing complaints mechanisms and speak-up programmes, and ensuring they are well-equipped to deal with human rights-related “crises”;
  6. Reviewing the extent to which their board is equipped to address supply chain risks, including through training executives and seeking independent support and advice; and
  7. Reviewing the role, resources and expertise of the legal and compliance functions, who should play a key part in addressing these new challenges.

Mayer Brown lawyers are available to help clients in this increasingly complex and evolving regulatory landscape.

[1] Ecuador revokes environmental license for Canada’s DPM to develop gold project, Reuters, 4 October 2025, available at: https://www.reuters.com/sustainability/climate-energy/ecuador-revokes-environmental-license-canadas-dpm-develop-gold-project-2025-10-04/

[2] Chile fines Albemarle for lithium extraction violations, Mining.com, 30 September 2025, available at: https://www.mining.com/chile-fines-albemarle-for-lithium-extraction-violations/