SB 261 is enjoined. What to do while the appeal runs
There is no SB 261 deadline right now. Not a delayed one, not a provisional one, not one that quietly reverts if nobody appeals. The Ninth Circuit enjoined the statute on 18 November 2025 pending appeal, CARB will not enforce the statutory 1 January 2026 deadline, and CARB has said it will announce an alternate date only once the appeal resolves.
Companies are handling that badly in both available directions, which is what makes it worth writing about. Some canceled the work outright and will restart from nothing on short notice. Others kept preparing against a date a court had already suspended, and spent the year producing something they could not use.
The procedural position, in order
| Date | What happened |
|---|---|
| 18 November 2025 | The Ninth Circuit issued an injunction against SB 261, pending appeal |
| 1 January 2026 | The statutory deadline passed without enforcement; CARB will not enforce it |
| 9 January 2026 | Oral argument heard in the appeal, with the stay left in effect afterwards |
| As at 30 August 2026 | The stay stands. CARB will announce an alternate date after the appeal resolves |
That is the complete verified record. Anything more specific circulating about timing is a forecast, and forecasts about appellate timetables are worth roughly what they cost.
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