On July 30, 2026 the National Association of Wholesaler-Distributors filed a federal constitutional challenge to Colorado's Producer Responsibility Program for Statewide Recycling Act (HB 22-1355), captioned NAW v. Ryan and reported as Case No. 1:26-cv-03460 in the U.S. District Court for the District of Colorado. The named defendant is Jill Hunsaker Ryan, executive director of CDPHE. NAW is the sole plaintiff and is represented by Andrew Morris and Jacob Huebert of the New Civil Liberties Alliance.
Unlike the earlier ILMA case, NAW is seeking a preliminary injunction to halt enforcement while the case proceeds.
Correction (August 16, 2026): as originally published this entry said the injunction motion was filed together with the complaint, following NAW’s own press release. The PACER-derived docket shows no injunction motion among the July 30 filings; NAW moved for the injunction separately on August 5, 2026, and the State response is due September 16, 2026. The complaint raises five claims: that the Act delegates regulatory power to a private entity, CAA, in violation of Fourteenth Amendment due process; that it imposes an unconstitutional condition by requiring businesses that sell to Colorado consumers to sign an agreement with CAA giving up their rights to due process and a federal judicial forum, and to pay fees not even roughly proportional to their impacts; that it violates the Dormant Commerce Clause; that it violates the First Amendment by prohibiting businesses from charging Colorado customers a fee to recover their EPR costs; and that it compels producers to join CAA and fund its advocacy. (Corrected October 12, 2026.) NAW also argues the producer definition sweeps in many wholesale distributors that have no control over the selection, design, or manufacture of most product packaging. This is NAW's third EPR suit after Oregon and the 17-state California coalition, and Colorado's second challenge after ILMA.
No relief has been granted. Colorado's program remains in force, and registration, reporting, and 2026 dues remain due unless and until the court rules. The docket number comes from trade reporting and is not yet confirmed against the court record. Sources:
Resource Recycling (July 30, 2026);
Waste Dive (July 31, 2026);
NAW announcement.
Update, September 24, 2026: the contrast with ILMA was accurate when published. ILMA says that on August 18, 2026 it filed its own motion for a preliminary injunction, limited to its members (ILMA release, August 18, 2026); see the September 6, 2026 entry, ILMA Seeks a Colorado Injunction for Its Members. The docket number 1:26-cv-03460 is now confirmed on the court docket (CourtListener), and the State filed its response to the injunction motion on September 16, 2026 (ECF 15).