Misleading corporate claims about greenhouse gas emissions pose a high risk of consumer deception, as there is currently no uniform federal standard governing how companies must measure or disclose those emissions. Without a national regulatory scheme, firms can selectively report, use inconsistent methodologies, or market vague “carbon neutral” claims, making it difficult for consumers to assess accuracy or compare companies’ representations. In 2023, California introduced legislation requiring companies doing business in the state to disclose their greenhouse gas emissions in an effort to bring transparency to this area. But such state-level mandates face a constitutional obstacle: the Dormant Commerce Clause, which limits states from enacting laws that unduly burden interstate commerce. This Note argues that to best survive the Dormant Commerce Clause’s Pike balancing test—which assesses whether a state law’s burden on interstate commerce is clearly excessive compared to its local benefits— future states should frame disclosure laws as efforts to protect residents from fraud and deception, rather than focusing on their immediately apparent interest in protecting residents from climate harm. The Supreme Court has not yet endorsed a state climate change interest in the Pike balancing context, and federal courts are unlikely to do so anytime soon.
