Colorado EPR Challenge Still Pending; No Injunction Was Sought, So Fees Remain Due

Independent Lubricant Manufacturers Association v. Colorado Department of Public Health and Environment (Denver District Court No. 2026CV30902, filed March 12, 2026) remains pending, and no ruling has been reported as of July 30, 2026. ILMA raises federal and state due process claims, a non-delegation argument, a First Amendment challenge to point-of-sale fee disclosure restrictions, and statutory claims about the five percent administrative expense cap and the cost-based fee requirement. Part of the objection targets CDPHE's approval of an individual program plan from the Lubricants Packaging Management Association, founded by five major petroleum companies, to manage oil-based product packaging. The practical point for producers: the complaint does not seek a preliminary injunction, so nothing is paused. Colorado's program remains in force and 2026 dues remain due while the case proceeds. An ILMA representative said in early July that an update was expected within a few weeks. Sources: Foley and Lardner; Packaging Dive (July 10, 2026).