U.S. District Court, District of Colorado. Reported as No. 1:26-cv-03460 (not confirmed against the court record). Filed July 30, 2026. What is challenged, where it stands, and who is actually covered by any relief granted.
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Facts on this page were last verified against primary sources on August 2, 2026. The EPR Atlas is re-checked weekly; this stamp moves only when a verification pass actually runs, not when the site rebuilds.
U.S. District Court, District of Colorado | Reported as No. 1:26-cv-03460 (not confirmed against the court record) | Filed July 30, 2026 verified August 2, 2026
This is a plain reading of where the case stands, not legal advice. If your exposure is material, confirm it with counsel.
Colorado’s Producer Responsibility Program for Statewide Recycling Act (HB 22-1355), brought by the National Association of Wholesaler-Distributors as sole plaintiff and represented by the New Civil Liberties Alliance. Four claims: delegation of fee-setting power to a private entity (Circular Action Alliance) without adequate oversight, under the Fourteenth Amendment Due Process Clause; compelled membership in and funding of CAA as a condition of operating in the state, under the First Amendment; the statutory bar on disclosing the mandated fees to customers; and CAA spending mandatory dues on its own policy advocacy. NAW also argues the producer definition wrongly reaches wholesale distributors who do not choose packaging materials.
Newly filed. A motion for a preliminary injunction was filed alongside the complaint, which distinguishes this case from ILMA v. CDPHE. No briefing schedule, hearing date or ruling has been reported as of August 2, 2026. CAA has said it is aware of the suit and is not a party; CDPHE has declined to comment.
Nobody yet. No relief has been granted, so registration, reporting and 2026 dues remain due for all covered producers in Colorado.
Every filing and order the Atlas has confirmed in this case, in order. Dates marked ahead are scheduled rather than reported.
| Date | What happened |
|---|---|
| August 2025 | NAW sues Oregon, the first of its EPR challenges. |
| February 6, 2026 | Oregon court grants NAW members a partial preliminary injunction, the first time any court blocked a state EPR law. |
| June 22, 2026 | NAW joins 17 state attorneys general challenging California SB 54 as the sole business plaintiff. |
| July 30, 2026 | NAW files against Colorado, its third EPR suit, together with a motion for a preliminary injunction. NAW has said it is now moving earlier in each state rather than waiting for programs to take full effect. |
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.
Last confirmed August 2, 2026. Docket number is taken from trade reporting and has not been confirmed against the court record. Where a docket is not publicly accessible the Atlas says so rather than implying a status was re-verified.
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