Denver District Court, Colorado. No. 2026CV30902. Filed March 12, 2026. This page covers what is challenged, where the case stands, and who is covered by any relief granted.
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Last updated October 25, 2026.
Denver District Court, Colorado | No. 2026CV30902 | Filed March 12, 2026 current September 27, 2026
This summary of where the case stands is not legal advice. If your exposure is material, confirm it with counsel.
CDPHE’s implementation of Colorado’s packaging EPR program, including its approval of the LPMA individual producer plan and the fees imposed on lubricant manufacturers, on statutory grounds, brought by the Independent Lubricant Manufacturers Association (ILMA), whose August 18, 2026 release also raises due process and private-delegation concerns.
Preliminary injunction motion reported by the party; no ruling. ILMA states that on August 18, 2026 it filed a motion for a preliminary injunction asking the court to prohibit CDPHE from enforcing against ILMA members the mandatory contracting, reporting, and dues-paying obligations imposed through the CAA program plan and the LPMA individual producer plan, and that it is not asking the court to halt the whole program (ILMA, ILMA Seeks Preliminary Injunction Against Colorado EPR Enforcement, August 18, 2026, accessed September 27, 2026). CDPHE’s motion to dismiss, arguing the statutory claims are untimely under the 35-day judicial review window and that CAA and the Lubricants Packaging Management Association are necessary parties, was reported pending from June 2026. Denver District Court civil dockets are not public, so no hearing date, no ruling on either motion, and no filing by CDPHE is confirmed; every procedural fact here rests on a party statement or counsel reporting and is labeled signaled.
No one is covered by any relief yet, and the relief ILMA says it asked for would reach ILMA members only. Colorado’s program remains fully in effect for all covered producers, and the separate NAW v. Ryan suit has also moved for a preliminary injunction with no relief granted.
The main filings, orders, and related events are listed in date order, and a date marked scheduled has not happened yet.
| Date | What happened |
|---|---|
| March 12, 2026 | Complaint filed by the Independent Lubricant Manufacturers Association. No injunction requested with the complaint, so the program stayed in effect. |
| April 2026 | Case picked up in firm commentary; CDPHE moves to dismiss. |
| Early June 2026 | Motion to dismiss reported as pending. CDPHE argues the statutory claims are untimely under the 35-day judicial review window and that CAA and the Lubricants Packaging Management Association are necessary parties. |
| July 2026 | A hearing on the motion to dismiss was reported as expected this month. The month closed with no public record of a hearing or a ruling. |
| August 18, 2026 | ILMA says it filed a motion for a preliminary injunction, limited to enforcement against ILMA members of the CAA and LPMA plan obligations (ILMA release of the same date). No ruling has been reported. |
| September 23, 2026 | No party statement, ruling, or hearing date after ILMA’s August 18 release on ilma.org was found, and Colorado dues remain due. |
Dates are drawn from court filings, orders, and firm alerts as reported. Where a docket is not publicly accessible the Atlas relies on secondary reporting and says so.
Status as of September 27, 2026. Denver District Court dockets are not freely accessible, so this status is carried forward from party statements and counsel reporting rather than from a docket.
Every state guide has the fee schedule where one has been published, registration deadlines, program plan status, eco-modulation detail, the statute and any implementing rule, and exemptions.