Active packaging EPR cases to watch
NAW v. Feldon
No. 3:25-cv-01334-SI. Five-day bench trial concluded July 17, 2026. A limited preliminary injunction remains relevant while Judge Michael Simon considers the merits.
Lollicup USA, Inc. v. Feldon
No. 3:26-cv-01287. Filed June 25, 2026 as a putative class action challenging Oregon’s EPR structure on constitutional grounds.
State of Nebraska et al. v. Heller et al.
Filed June 22, 2026 by a 17-state coalition and NAW, the sole business plaintiff, challenging California SB 54 on constitutional grounds.
ILMA v. Colorado Department of Public Health & Environment
Filed March 12, 2026 by the Independent Lubricant Manufacturers Association, challenging Colorado’s implementation and fee structure.
Oregon: the first merits trial
NAW v. Feldon is the most time-sensitive case. The District of Oregon’s public calendar confirms a five-day bench trial from July 13 through July 17, 2026. The dispute centers on surviving Dormant Commerce Clause and Due Process claims. A prior preliminary injunction protects only the parties covered by the order; it is not a statewide suspension of the Recycling Modernization Act.
Because the court heard a full bench trial on the merits, the resulting order may become an important reference point in later EPR litigation. It still will not automatically decide the validity of a different state’s law.
California: multistate challenge to SB 54
On June 22, 2026, Nebraska Attorney General Mike Hilgers announced a federal lawsuit led by Nebraska and joined by 16 additional state attorneys general and the National Association of Wholesaler-Distributors. NAW is the only business plaintiff. The complaint challenges SB 54 under theories including the Commerce Clause, First Amendment and limits on delegation to a private organization.
California SB 54 remains in effect. Filing a lawsuit does not itself suspend producer requirements. EPRScope treats pending litigation as a separate status field from enacted-law compliance.
Colorado: verified challenge is ILMA, not “NAW v. Ryan”
The verified Colorado case is the Independent Lubricant Manufacturers Association’s March 12, 2026 state-court suit against the Colorado Department of Public Health and Environment. ILMA says Colorado’s program and fee structure unlawfully burden its members. The case is distinct from NAW’s Oregon litigation.
As of this verification, EPRScope could not substantiate a separate July 30, 2026 case styled “NAW v. Ryan” challenging Colorado EPR. We therefore do not list that as a filed case.
Why litigation does not equal compliance relief
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