Packaging EPR Update: Week of July 27, 2026

Litigation  |  CO

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 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.

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).

Litigation  |  CA

On July 27, 2026 Earth Island Institute, its Plastic Pollution Coalition project, and Californians Against Waste filed a motion to intervene as defendants in California League of Food Producers v. Bonta (Case No. 3:26-cv-01675, S.D. Cal.), the suit in which Judge William Q. Hayes preliminarily enjoined enforcement of SB 343 on July 14, 2026. The groups argue that the ruling leaves SB 343's underlying purpose undefended by the parties still in the case, with Attorney General Bonta's office the sole named defendant. They seek intervention as of right under Federal Rule of Civil Procedure 24(a) or, alternatively, permissive intervention under Rule 24(b). The motion is set for an August 31, 2026 hearing before Judge Hayes and will be decided without oral argument unless the court orders otherwise. No notice of appeal to the Ninth Circuit has been filed or reported as of August 2, 2026, so the injunction stands and SB 343 remains unenforceable statewide. Because SB 54 relies on SB 343's recyclability criteria to determine which materials qualify as recyclable in California, the outcome reaches the packaging EPR program as well. Source: Resource Recycling (July 27, 2026).

Update, September 27, 2026: the August 31 date passed with no ruling. On the docket as mirrored September 23, 2026, the motion to intervene (ECF 25) is fully briefed, with the opposition filed August 17 (ECF 28) and the reply August 24 (ECF 30), and no order on it appears; no notice of appeal has been filed. The original text above is kept as published. See the CLFP v. Bonta case page. Source: CLFP v. Bonta docket, CourtListener (mirror of September 23, 2026).

Update, September 30, 2026: the court denied the motion on September 28, 2026 (ECF 34, 16 pages). It found the motion timely and found that the groups have a significant protectable interest, but held that they did not rebut the presumption that the government defendant adequately represents them, and it denied permissive intervention for the same reasons. The order states that they "may request leave to file a joint amicus brief at appropriate stages of this action." They are not parties. Source: Order denying intervention, ECF 34 (September 28, 2026).

Legislative  |  MA

The Massachusetts formal legislative session ended July 31, 2026 without a floor vote on either packaging EPR bill. S.571 and its House counterpart H.926 both remained in their respective Ways and Means committees and never advanced. Massachusetts bills do not carry over between biennia, so both die and must be refiled in the 2027 session. Informal sessions continue after July 31 but rarely move contested legislation. The separate Mass Ready Act environmental bond bill, which passed the Senate in April and the House in June, carries a paint EPR framework rather than packaging EPR; a Senate amendment that would have funded a $1.2 million packaging EPR needs assessment was rejected. The 2026 Massachusetts EPR Commission had recommended a needs assessment before any program, which is the proximate reason neither bill moved. Source: Sustainable Packaging Coalition, Packaging Policy Roundup (July 29, 2026).

Update, September 24, 2026: S.571 and H.926 did not die on July 31, 2026. Joint Rule 12A provides that “all formal business of the second annual session shall be concluded not later than the last day of July”; a bill can still advance in an informal session before the 2025-2026 session ends. S.571 has had no action since its September 18, 2025 referral to Senate Ways and Means, so it is stalled, not dead (malegislature.gov, Joint Rules, and S.571 history, read September 24, 2026).

Litigation  |  CO

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 ILMA complaint does not seek a preliminary injunction, so nothing is paused by this case. Colorado's program remains in force and 2026 dues remain due while it proceeds. Note that this is no longer the only Colorado challenge: NAW filed a separate federal suit on July 30, 2026 that does seek a preliminary injunction (see the entry above). Neither case has produced any relief to date. An ILMA representative said in early July that an update was expected within a few weeks. Update (September 23, 2026): this was accurate when published. ILMA says that on August 18, 2026 it filed a motion for a preliminary injunction limited to its own members; see the September 6, 2026 entry, ILMA Seeks a Colorado Injunction for Its Members. Sources: Foley and Lardner; Packaging Dive (July 10, 2026).

Update  |  ME

Maine DEP's EPR program page now carries a fixed annual schedule: producer reporting May 31, producer invoicing July 1, producer payment September 1, and municipal reimbursement October 1. DEP places the program at step four of nine, contracting a Stewardship Organization, and states that producers register within 90 days of the SO making a registration mechanism available. DEP anticipates registration and invoicing beginning at the end of 2026, with municipal reimbursements possibly starting at the end of 2027. Two further details worth noting: Chapter 428 was amended in March 2026 to add Appendix A, The Packaging Material Types List; and low-volume producers may use a simplified reporting process and pay a flat fee of $500 per ton of packaging material rather than reporting material by material. Maine remains pre-operational, so these are dates to plan against rather than obligations that have started. Source: Maine DEP.

Update, October 7, 2026: the Stewardship Organization RFP closed August 18, 2026 with no proposals (Maine DEP, August 20, 2026). On September 11, 2026 DEP said it is revising the RFP, and its program page says it is reassessing the anticipated schedule and will post a revised one, so do not plan on the end-of-2026 registration and invoicing expectation above. The annual calendar in Chapter 428 is unchanged. See the August 23, 2026 entry, No One Bid to Run Maine Packaging EPR Program.