US Environmental Regulations 2026: What Applies to Businesses Now

On November 10, 2026, some of the largest companies doing business in California must file their first greenhouse gas emissions report. That is less than two weeks away. A company that misses the date can face up to $500,000 per reporting year from the California Air Resources Board (CARB).

Yet US environmental compliance keeps shifting, and many guides now describe it wrongly. Courts have frozen one California law. A federal agency has walked away from its own climate rule. A New York bill that sounds like settled law is still waiting in the Assembly. This guide separates the rules that apply today from the ones that do not, and names the dates that matter next.

Which US environmental rules apply to businesses right now?

Seven rules apply now, and three popular ones do not. The table shows the status of each as of October 29, 2026.

Rule	Status today	Who it covers	Penalty	Next date
EPA Clean Air Act (Title V)	In force	Major stationary sources emitting 100+ tons per year of a regulated pollutant	Up to $124,426 per day per violation, criminal prosecution for knowing violations	Ongoing permit conditions
EPA Clean Water Act (NPDES)	In force	Facilities discharging to US waters, construction sites over 1 acre	Up to $68,445 per day per violation, criminal penalties for knowing violations	Ongoing permit conditions
RCRA (hazardous waste)	In force	Businesses generating, transporting, treating or disposing of hazardous waste	Inflation-adjusted daily civil penalties, criminal penalties for knowing violations	Ongoing compliance
California SB 253	In force, Ninth Circuit appeal pending	US-organized entities with $1B+ revenue doing business in California	Up to $500,000 per reporting year	Scope 1 and 2: November 10, 2026. Scope 3: 2027
EPA GHG Reporting Program	In force, repeal proposed	Facilities emitting 25,000+ metric tonnes CO2e per year	Civil penalties under the Clean Air Act	2025 reports due March 10, 2027
FTC Green Guides	In force (2012 version), revision pending	Every business making environmental claims in US marketing	Enforcement under Section 5 of the FTC Act	None fixed
California Prop 65	In force	Businesses selling products in California that contain listed substances	Up to $2,500 per day per violation, private lawsuits	Ongoing
California SB 261	Enjoined pending appeal	US-organized entities with $500M+ revenue doing business in California	CARB will not enforce while the injunction stands	New date after the appeal
SEC climate disclosure rule	Stayed, SEC moving to rescind	SEC-registered companies	None while stayed	Rescission rulemaking pending
New York S9072A	Not law, passed Senate February 10, 2026	Companies with $1B+ revenue doing business in New York	Bill text: up to $100,000 per day, capped at $500,000 per year	If enacted, Scope 1 and 2 reports from 2028

What does California SB 253 require, and what is due on November 10, 2026?

SB 253 requires companies with more than $1 billion in annual revenue that do business in California to report their Scope 1 and 2 greenhouse gas emissions, and the first reports are due November 10, 2026. CARB moved the date from August 10 on June 24, 2026, and the California Office of Administrative Law approved CARB’s amended regulations, which locked the new date in. The rules sit in Title 17 of the California Code of Regulations, sections 96070 to 96077. CARB has also moved its written fee-determination notice to December 10, 2026.

The first year comes with some relief. CARB stated that no third-party assurance is required for the initial reports, and it said it will exercise enforcement discretion where companies show good faith efforts to comply. Scope 3 reporting does not start in 2026. It begins in 2027 on a schedule CARB will set, and the law limits Scope 3 penalties to non-filing from 2027 to 2030.

Relief is not permission to wait. The statutory penalty reaches $500,000 per reporting year, and paying it does not cancel the duty to report. Covered companies should keep California tax records that show they meet the revenue and doing-business tests, because CARB’s revised text asks for them. The CARB programme page carries the official guidance.

Does SB 253 apply to companies based in Germany, the UK or Canada?

Usually not directly, but a US subsidiary may be covered. SB 253 generally applies to entities organized under the laws of the United States, a US state or the District of Columbia, so a German, British or Canadian parent sits outside that definition on its own.

The picture changes for a US-organized subsidiary with more than $1 billion in revenue that does business in California. Corporate structure decides these questions, so legal advice is essential before relying on this reading. Even where SB 253 does not bind a foreign group, California customers may ask for Scope 1 and 2 data to feed their own filings. A wider view of carbon reporting duties is in Voice of Environment’s guide to carbon reporting requirements for businesses in 2026.

Is California SB 261 still in force?

No. The Ninth Circuit enjoined SB 261 pending appeal on November 18, 2025, weeks before the January 1, 2026 deadline for the first climate risk reports. On December 1, 2025, CARB issued an enforcement advisory saying it will not enforce the law while the injunction stands, and it will set an alternate reporting date after the appeal ends.

The court heard argument on both California laws on January 9, 2026, and a decision was still pending in late October 2026. A ruling could revive SB 261, or it could put SB 253 on hold. Companies with $500 million or more in California revenue should keep their climate risk work going quietly in the background.

Does the SEC climate disclosure rule apply to a 10-K?

No. The Securities and Exchange Commission (SEC) adopted its climate rule in March 2024, but the rule has been stayed since the litigation began. In March 2025 the SEC voted to stop defending it, and on May 7, 2026 the agency told the Eighth Circuit that it had sent a proposed rescission to the Office of Information and Regulatory Affairs for review.

The rule stays in the SEC’s rulebook until formal rescission, so the rulemaking deserves watching. For now, SEC-registered companies face no climate-specific filing requirement from it. General securities law still applies, so a misleading statement about climate risk in a filing remains a liability.

Is New York’s climate disclosure law in force?

No. The Climate Corporate Data Accountability Act (Senate Bill S9072A) passed the New York Senate 40 to 22 on February 10, 2026. It then went to the Assembly, and as of mid-June 2026 it had not been enacted or signed.

If it becomes law, the bill text would apply to companies with more than $1 billion in revenue doing business in New York, with Scope 1 and 2 reports from 2028 and Scope 3 from 2029. Penalties could reach $100,000 per day for willful failure, capped at $500,000 per reporting year. Any guide that quotes New York fines as settled law deserves caution.

What do EPA permits require, and what do violations cost?

EPA permits set binding limits on what a facility emits, discharges or disposes of, and violations cost up to $124,426 per day under the Clean Air Act and $68,445 per day under the Clean Water Act. These figures come from the Environmental Protection Agency’s inflation table in 40 CFR 19.4, which applies to penalties assessed on or after January 8, 2025. The agency adjusts them annually, so the current eCFR penalty table should be checked before quoting a number to a board.

• Clean Air Act Title V: major sources emit 100 tons per year or more of a regulated pollutant, or 10 tons of a single hazardous air pollutant. The permit sets emission limits, monitoring duties and reporting schedules.
• Clean Water Act NPDES: any facility that discharges pollutants to US waters or storm sewers needs a permit, and so do construction sites over one acre.
• RCRA: hazardous waste generators face tiered duties by monthly volume. Large quantity generators must file biennial reports and observe 90-day on-site storage limits.

Knowing violations can bring criminal prosecution, and company officers can face personal liability. The EPA often pursues civil and criminal tracks together in serious cases.

Does the EPA Greenhouse Gas Reporting Program still apply?

Yes, for now, but its future is shaky. Facilities emitting 25,000 metric tonnes CO2e or more per year must still report. On September 16, 2025, the EPA proposed to end reporting for 46 of the 47 source categories, and it has not finalized that repeal.

Deadlines keep sliding. The 2025 reporting deadline first moved from March 31 to October 30, 2026, and on October 14, 2026 the EPA pushed it again to March 10, 2027. Facilities should keep collecting data anyway, because several states are expanding their own programmes to fill any federal gap. The EPA’s GHGRP page shows the current position.

What do the FTC Green Guides require of every US business?

The Green Guides require every environmental claim to be specific, truthful and backed by evidence. The 2012 version remains in force. The Federal Trade Commission (FTC) opened a review in December 2022 and has not issued a revision, so no new rules on carbon neutral or net zero claims exist yet.

The Guides are guidance, not regulation, yet the FTC enforces them through Section 5 of the FTC Act, which bans deceptive practices. Several states write the Guides into their own consumer laws, and private class actions cite them constantly. Generic words like “eco-friendly” and “sustainable” attract the most risk, so any claim that cannot be proved today should go. How UK enforcement compares is covered in the analysis of the CMA’s greenwashing undertakings.

What happens if a business ignores these rules?

It faces fines, litigation and lost customers, in that order of likelihood for most firms. Each live rule carries its own cost.

• EPA permit violations: up to $124,426 per day (Clean Air Act) and $68,445 per day (Clean Water Act), plus criminal exposure for knowing violations.
• SB 253 non-filing: up to $500,000 per reporting year from CARB, and the duty to report stays in place.
• Green Guides violations: FTC consent orders, forced removal of claims and class action risk under state consumer laws.
• Prop 65 violations: up to $2,500 per day per violation. Private attorneys bring most cases and keep 25% of any civil penalty.
• Supply chain loss: large buyers now ask suppliers for emissions data, and a supplier that cannot answer risks delisting whatever the law says.

How can a business build a US environmental compliance programme step by step?

1. Map permits. Identify which US sites need Clean Air Act, NPDES or RCRA coverage. State agencies often add rules on top of federal minimums.
2. Test SB 253 coverage now. Check whether the company is a US-organized entity with $1 billion in revenue that does business in California. If so, file Scope 1 and 2 data by November 10, 2026.
3. Use the good-faith window. CARB accepts good faith efforts in year one, so the company should file what it can, document its method and improve it for 2027.
4. Plan for Scope 3 in 2027. Start mapping suppliers and data sources this winter, before CARB publishes its schedule.
5. Watch three open items. Track the Ninth Circuit decision, the SEC rescission rule and the New York Assembly.
6. Audit every green claim. Apply the Green Guides to the website, packaging and investor material, and delete what cannot be proved.
7. Keep GHGRP data ready. Facilities above 25,000 tonnes should prepare for the March 10, 2027 deadline unless the EPA finalizes repeal first.

For the wider international picture, see the guide to environmental regulations for businesses in the EU, UK, US, Canada and India. For budgeting, the breakdown of ESG compliance costs for small businesses helps.

What does a US environmental compliance checklist for 2026 include?

• Identify all EPA and state permit requirements for US operations, and confirm every permit is current.
• Test SB 253 coverage: US-organized entity, $1B+ revenue, doing business in California.
• File Scope 1 and 2 data with CARB by November 10, 2026 if covered, and keep California tax records that support the position.
• Begin Scope 3 data mapping ahead of 2027 reporting.
• Track the Ninth Circuit ruling on SB 253 and SB 261, the SEC rescission rulemaking and the New York Assembly.
• Collect 2025 GHGRP data if any facility emits 25,000+ tonnes CO2e.
• Audit all environmental claims against the FTC Green Guides, and screen California-sold products for Prop 65 listed substances.
• Build a US compliance calendar with every date above.

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Frequently Asked Questions: US Environmental Regulations

Which US environmental regulations apply to all businesses?

EPA permit rules bind any business that emits, discharges or generates hazardous waste above the thresholds. The FTC Green Guides apply to any business making environmental claims, and California Prop 65 adds a warning duty for products sold in California.

Does California SB 253 apply to non-US companies?

Generally not directly. SB 253 covers entities organized under US, state or District of Columbia law that have more than $1 billion in revenue and do business in California. A foreign parent may still face the law through a covered US subsidiary, so legal advice on structure is needed.

Is the SEC climate disclosure rule in effect?

No. The rule is stayed during litigation, the SEC stopped defending it in March 2025 and a rescission proposal went to federal review in May 2026. Until rescission is finished the text still exists, but nothing requires compliance with it today.

Is New York’s climate disclosure law in force?

No. Bill S9072A passed the Senate on February 10, 2026, but it had not been enacted as of mid-June 2026. If it becomes law, Scope 1 and 2 reports would start in 2028 and penalties would cap at $500,000 per reporting year.

What makes an environmental marketing claim compliant?

The claim must be specific, truthful and supported by current evidence, and it must not mislead by omission. Any claim that covers only part of a product needs a qualifier. A claim that cannot be documented today should be removed before a regulator or plaintiff asks.