Colorado CDPHE Moves to Dismiss ILMA Challenge to Packaging EPR Program

Litigation update, June 22, 2026. Part of the EPR Atlas weekly packaging EPR update log.

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Litigation  |  CO  |  June 22, 2026

In ILMA v. CDPHE (Denver District Court No. 2026CV30902, filed March 12, 2026), the Colorado Department of Public Health and Environment has moved to dismiss the Independent Lubricant Manufacturers Association's challenge to the state's packaging EPR program; the motion was pending as of early June 2026. CDPHE argues the statutory claims are untimely under the Administrative Procedure Act's 35-day judicial review window, that the due process, nondelegation, and First Amendment claims fail on the merits, and that the Circular Action Alliance and the Lubricants Packaging Management Association are necessary parties. ILMA did not seek a preliminary injunction, so the program remains in effect. Source: Arnold and Porter (June 1, 2026); Foley and Lardner (April 6, 2026).

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