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, this complaint was filed together with a motion for a preliminary injunction seeking to halt enforcement while the case proceeds. The complaint raises four claims: that the Act delegates government fee-setting power to a private entity without adequate oversight, violating Fourteenth Amendment due process; that it compels businesses to join and fund the Circular Action Alliance as a condition of operating in the state; that it bars businesses from disclosing the mandated fees to their own customers; and that it lets CAA spend mandatory dues on its own policy advocacy. NAW also argues the producer definition sweeps in wholesale distributors who do not choose packaging materials. 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.