Tag: Scope 1 Emissions

Ninth Circuit Allows California Scope 1 and 2 Reporting to Proceed, Blocks Scope 3 and Climate Risk Disclosures

Posted on by abigail_grenadier

On Nov. 9, the U.S. Court of Appeals for the Ninth Circuit ruled that California can enforce certain corporate climate disclosure requirements while blocking others that likely violate the First Amendment. (Foley & Lardner, Nov. 9)

State of Play

  • Scope 1 and 2 reporting: The court allowed California to enforce Senate Bill (SB) 253’s requirement that companies doing business in the state with more than $1 billion in annual revenue disclose emissions from their direct operations (“Scope 1”) and purchased energy (“Scope 2”). The Nov. 10 deadline for initial Scope 1 and 2 reports remained in effect, requiring covered companies to comply while litigation continues. (Foley & Lardner, Nov. 9)
  • Scope 3 reporting: The court found that SB 253’s requirement to report indirect supply chain and value chain emissions (Scope 3), scheduled to begin in 2027, likely violates the First Amendment. The requirement remains on hold while litigation continues. (Ninth Circuit ruling, Nov. 9)
  • Climate-related financial risk reports: The court maintained its freeze on SB 261, which requires companies doing business in California with more than $500 million in annual revenue to report climate-related financial risks. Enforcement remains on hold while litigation continues. (National Law Review, Nov. 9)

What’s Next

  • The case returns to the district court, which will determine, among other issues, whether the Scope 3 provisions can be separated from the rest of SB 253. Covered companies, including commercial real estate firms, remain subject to Scope 1 and 2 reporting requirements. (Cooley, Nov. 10)

The Real Estate Roundtable (RER) continues to advocate for practical, consistent climate disclosure requirements that limit compliance burdens for commercial real estate owners and operators. RER has raised concerns about mandatory Scope 3 reporting, particularly the challenges of obtaining reliable emissions data from tenants and other third parties, and has urged policymakers to avoid costly, overlapping reporting requirements. (Roundtable Weekly, Nov. 21, 2025)

House Committees Mark Up Key Housing and Energy Bills

Posted on by abigail_grenadier

Policymakers marked up a series of housing and energy measures this week focused on streamlining project approvals, updating efficiency standards, and addressing federal funding for state and local energy laws. The discussions highlighted bipartisan momentum around reforms to bolster grid reliability and reduce housing costs.

SPEED Act Mark Up

  • The House Natural Resources Committee on Thursday marked up the Standardizing Permitting and Expediting Economic Development (SPEED) Act (H.R. 4776) and adopted a bipartisan amendment limiting executive-branch authority to cancel energy project permits, a key issue in broader negotiations. (PoliticoPro, Nov. 20 | Watch Mark-Up)
  • The bill would amend the National Environmental Policy Act (NEPA) to streamline environmental reviews and reduce litigation delays for projects requiring federal funding and permits. (The Hill, Nov. 17)
  • House Natural Resources Committee Chair Bruce Westerman (R-AR) said, “NEPA reform helps everything. “It helps electrical transmission. It helps pipelines. It helps traditional energy sources. It helps new energy sources. It helps transportation and infrastructure projects.”  If NEPA reform passes “everybody wins,” he added.
  • Jeffrey DeBoer, RER President and CEO, said, “Permitting reform is essential to strengthening the nation’s electric grid and infrastructure. The current patchwork of federal, state and local approvals delays the delivery of affordable, reliable power to homes and commercial buildings. The Roundtable supports efforts—like the SPEED Act—to modernize permitting, improve grid resilience, and ensure the infrastructure needed for long-term economic growth.”
  • The SPEED Act is expected to continue to draw bipartisan support in the House. Ongoing Senate negotiations are reportedly addressing renewable-energy protections, emissions-reduction provisions, and a potential broader package blending transmission policy, clean-energy safeguards, and litigation limits. (E&E News, Nov. 17)
  • Rep. Scott Peters (D-CA) called the bill a “huge step forward,” and urged Democratic colleagues to support it, while seeking further adjustments to curb the executive branch’s ability to cancel energy project permits. (Press Release | PoliticoPro, Nov. 20)

House Energy & Commerce Mark Ups

  • On Wednesday, a House Energy and Commerce subcommittee marked up eight energy-related bills, reflecting contrasting approaches to energy affordability and building efficiency standards as lawmakers debate rising energy and housing costs. (PoliticoPro, Nov. 19 | Committee Press Release )
  • The subcommittee approved several CRE-relevant bills that now move to the full committee for consideration.
  • Energy Choice Act (H.R. 3699): Advanced by voice vote. Aims to prevent state/local laws that would ban the use of natural gas in buildings. (A “ban on gas bans” aligns with RER’s 20-Point Policy Guide on Building Performance Standards)
  • Affordable Housing Over Mandating Efficiency Standards Act (H.R. 5184): Advanced by voice vote. Aims to reduce stringent energy efficiency codes for manufactured housing and negatively impact housing affordability.
  • Homeowner Energy Freedom Act (H.R. 4758): Approved 16–14 along party lines. Aims to eliminate federal funding under the Biden-era Inflation Reduction Act, which provides grants to states and localities to support the highest-level energy codes, building electrification mandates, and other building performance standards. (Roundtable Weekly, Feb. 28)
  • Energy Subcommittee Chair Bob Latta (R-OH) said, “The legislation before us today represents an opportunity for this committee to implement reforms that re-prioritize energy efficiency policies toward the items that matter most to consumers: Affordability, availability, and durability.” (PoliticoPro, Nov. 19)

Climate Disclosure Law

  • In other energy news this week, a federal appeals court issued a preliminary injunction halting enforcement of California’s SB 261, requiring companies with at least $500M in global revenue to report climate-related financial risks starting January 2026. (ESG Dive | PoliticoPro, Nov. 18)
  • The court blocked SB 261, pending litigation over First Amendment concerns. It did not block SB 253, which requires corporations with $1B+ in revenue to begin reporting scope 1 and 2 emissions in 2026, and scope 3 in 2027. The trial on the First Amendment claim is scheduled for October 2026. (RER Fact Sheet, 2023; RW Sept. 2023)

RER will continue working with policymakers as Congress weighs permitting reform and energy policy measures that directly affect commercial real estate investment, housing supply, and the reliability of the nation’s power grid

Administration Unveils Principles for Carbon Offset Markets

Posted on by Trey Jackson

The Biden administration on Tuesday released principles to enhance the integrity and effectiveness of voluntary carbon markets (VCMs) and incentivize companies to prioritize reducing their emissions. These principles can guide real estate businesses that seek to offset greenhouse gas (GHG) emissions. (White House fact sheet, May 28)

All-of-Government Approach

  • The principles and joint policy statement were signed by the Treasury, Energy and Agriculture Secretaries, and White House officials directing national economic and climate policy.
  • VCMs can “channel a significant amount of private capital to support the energy transition and combat climate change, with the right incentives and guard rails in place,” they wrote
  • Markets that provide credits for greenhouse gas (GHG) mitigation are crucial for meeting the administration’s climate goals to cut emissions in half by 2030 and reach net zero by 2050.

Focus on Market Integrity

  • The principles support carbon markets based on independently verified emissions savings. “[S]takeholders must be certain that one credit truly represents one tonne of carbon dioxide (or its equivalent) reduced or removed from the atmosphere.”
  • The principles reflect the U.S.’s intentions to play a leadership role in standardizing international carbon markets.
  • Today, VCMs are around $2 billion annually. With the potential of more private capital into climate projects through VCMs, Morgan Stanley projected that the voluntary market could grow to $100 billion by 2030. (Axios, May 28)

Relevance for CRE

  • Companies may finance GHG mitigation projects such as reforestation, carbon capture, and increasing renewable energy supplies. (WSJ, May 28)
  • These tools can help real estate and other companies offset their Scope 1 “direct” emissions, as well as controversial Scope 3 emissions from supply chain sources.
  • “Concerns about the credible use of credits (for example, to address a portion of Scope 3 emissions) must also be adequately addressed for VCMs to truly drive decarbonization.” (Joint Policy Statement, May 28)
  • Specific instruments known as Renewable Energy Certificates (RECs) are commonly used in U.S. markets to address Scope 2 emissions, which are generated by power plants for the electricity used by tenants and other building occupants. (US-EPA, “Offsets and RECs – What’s the Difference?”)

The Roundtable’s Sustainability Policy Advisory Committee (SPAC) continues to work closely with the White House on climate initiatives impacting commercial real estate.