Packaging EPR Update: Week of July 27, 2026

Everything that changed in U.S. packaging EPR in the week of July 27, 2026, 2 regulatory and policy changes. Regulatory and policy changes first, site updates after.

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What changed in the week of July 27, 2026

2 regulatory and policy changes. Everything below was checked against a primary source before publication. Entries carry the state or jurisdiction affected and the source that supports them.

Regulatory and policy

Litigation  |  CO
Colorado EPR Challenge Still Pending; No Injunction Was Sought, So Fees Remain Due
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 complaint does not seek a preliminary injunction, so nothing is paused. Colorado's program remains in force and 2026 dues remain due while the case proceeds. An ILMA representative said in early July that an update was expected within a few weeks. Sources: Foley and Lardner; Packaging Dive (July 10, 2026).
Update  |  ME
Maine DEP Publishes a Fixed Annual Compliance Calendar, Plus a $500 Per Ton Flat Fee for Low-Volume Producers
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.