Litigation  |  CO  |  September 6, 2026

On August 18, 2026 the Independent Lubricant Manufacturers Association filed a motion for preliminary injunction in its Denver District Court case against CDPHE (No. 2026CV30902, filed March 12, 2026). The motion asks the court to bar enforcement against ILMA members of the contracting, reporting and dues obligations imposed through the Circular Action Alliance program plan and the Lubricant Packaging Management Association individual producer plan. ILMA states plainly that it is not asking the court to halt Colorado’s entire EPR program. No ruling has issued on either the injunction motion or CDPHE’s pending motion to dismiss.

Separately, NAW filed its own preliminary injunction motion in NAW v. Ryan (D. Colo. No. 1:26-cv-03460) in August 2026. That is also unruled. Both Colorado cases now seek injunctions.

What this means for you: nothing changes today. Colorado dues remain due on the published schedule and no court has paused any obligation for anyone. This corrects earlier Atlas entries which said ILMA had not sought an injunction; that was wrong, and the correction is the reason for this entry. If either motion were granted it would be the first order anywhere actually pausing a U.S. packaging EPR obligation. Source: ILMA, “ILMA Seeks Preliminary Injunction Against Colorado EPR Enforcement”.

Where this sits

This entry is part of the EPR Atlas weekly update log. Every week the Atlas checks the seven enacted states, the pending and early-stage states, the federal bills, active litigation, and agency rulemaking, then publishes what actually changed. See the full update archive or the live hub.