Denver District Court, Colorado  |  No. 2026CV30902  |  Filed March 12, 2026 verified July 30, 2026

In plain English: what this means for you

Nothing changes in Colorado. Nobody asked the court to pause the program while the case runs, so it is operating normally. Register, report and pay on the usual schedule. If the case eventually succeeds it could change the program later, but there is nothing to wait for now.

This is a plain reading of where the case stands, not legal advice. If your exposure is material, confirm it with counsel.

What is being challenged

Colorado’s packaging EPR program on due process, nondelegation and First Amendment grounds, brought by the Independent Lubricant Manufacturers Association.

Where it stands

CDPHE’s motion to dismiss is 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. A hearing on the motion to dismiss was reported as expected during July 2026, but July closed with no public record of a hearing or a ruling. Re-checked against secondary reporting on July 30, 2026 with no change.

Who is affected

No injunction was sought in this case. Colorado’s program remains fully in effect for all covered producers; the separate NAW v. Ryan suit has moved for a preliminary injunction and no relief has been granted.

Chronology

Every filing and order the Atlas has confirmed in this case, in order. Dates marked ahead are scheduled rather than reported.

DateWhat happened
March 12, 2026Complaint filed by the Independent Lubricant Manufacturers Association. No preliminary injunction sought, so the program stays in effect throughout.
April 2026Case picked up in firm commentary; CDPHE moves to dismiss.
Early June 2026Motion 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 2026A 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.
July 10, 2026An ILMA representative said publicly that an update in the case was expected within the next few weeks.
July 30, 2026Status re-checked against secondary reporting. Still no reported ruling, and no injunction has been sought at any point in this case.

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.

How current this is

Last confirmed July 30, 2026. Denver District Court dockets are not freely accessible, so this status is carried forward rather than re-verified each week. Where a docket is not publicly accessible the Atlas says so rather than implying a status was re-verified.