Does a US company have to report its emissions today?

• Federal level

  The federal climate disclosure rules were adopted and then stayed pending judicial review, so no application date stands in the register.

  Release No. 33-11275, 17 CFR Parts 210, 229, 232, 239 and 249

• State level

  California's statutes require scope 1 and 2 reporting, then scope 3, together with climate related financial risk reports, for companies above the revenue thresholds doing business in the state.

  Cal. Health & Safety Code §§ 38532 and 38533

• Sector rule

  Facilities above the federal reporting threshold report greenhouse gas emissions annually under the reporting programme, independent of securities law.

  40 CFR Part 98

• European comparison

  The European reporting directive is in force and phases in by company size, with assurance and double materiality.

  Directive (EU) 2022/2464, corporate sustainability reporting

• The Commission stayed its climate disclosure rules pending judicial review; the register records no application date.
• California requires scope 1 and 2 reporting, later scope 3, and separate climate related financial risk reports above the stated revenue thresholds.
• The federal greenhouse gas reporting programme applies to facilities above its own threshold and is unaffected by the securities stay.

The stay does not remove the work. A group selling into California or operating reportable facilities is already in scope, and the data model is the same one the federal rules would require if the stay lifts.

Investors and employees read the same reports. Statements about targets made outside a mandatory report are still subject to the general prohibition on deception.

Determine California revenue and facility thresholds first, then build the inventory once for every regime.

All US questions