American Farm Bureau, others sue California over climate regulations

The American Farm Bureau Federation, Western Growers Association, U.S. Chamber of Commerce and the California Chamber of Commerce claim the new laws violate the First Amendment and overstep the Clean Air Act.

California State Capitol
California State Capitol
(Photo: Adobe Stock, Kit Leong)

The San Joaquin Sun reports that the American Farm Bureau Federation, Western Growers Association, BizFed Central Valley, U.S. Chamber of Commerce, the California Chamber of Commerce and other groups have filed a lawsuit to challenge a pair of California Senate bills proposing changes to climate reporting regulations.

S. 253 requires the state’s air resources board to develop regulations and require businesses with more than $1 billion in revenue to disclose its greenhouse gas emissions. S. 261 requires businesses with more than $500 million in annual revenue to report on the climate-related financial risks of the business.

The Sun reports that the groups say the laws impose a notational standard and that they also violate the First Amendment, which bans the state from compelling a business to engage in subjective speech. The Sun reports that the groups also say the laws violate the federal Clean Air Act, which supersedes the state’s authority to regulate emissions.

The American Farm Bureau Federation said it was important to voice opposition to reporting Scope 3 emissions, which the EPA says are the result of activities from assets not owned or controlled by the reporting organization.

“Scope 3 reporting requirements pose an existential threat to America’s small and medium-sized farmers, risking a future where only the largest farms can survive,” Travis Cushman, American Farm Bureau Federation’s deputy general counsel for litigation and public policy, told The Packer in a statement. “AFBF will fight to protect agriculture from Scope 3 data gathering and record keeping, whether it comes from California, the SEC or elsewhere.”

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