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”.
Update, September 24, 2026: the August 18 filing rests on ILMA’s own release; the Denver District Court docket is not public, so the Atlas carries the motion as ILMA’s statement (signaled) until the filing or the docket is read. CDPHE’s motion to dismiss was reported pending as of June 2026 (Arnold and Porter, June 1, 2026); its current status is not confirmed.
(Corrected October 7, 2026: a grant would not be the first such order anywhere. The District of Oregon’s February 6, 2026 preliminary injunction in NAW v. Feldon already barred DEQ from enforcing the Recycling Modernization Act against NAW and its members (ECF 205, note 13). A grant here would be the first such order in Colorado.)