NAW Files Lawsuit Challenging Colorado EPR Law

The National Association of Wholesaler-Distributors has filed a federal lawsuit challenging Colorado’s extended producer responsibility for packaging program, saying its rigid fee-setting rules and lack of oversight violate the U.S. Constitution. NAW claims Colorado’s EPR law violates businesses’ First Amendment rights by compelling them to join and pay dues to Circular Action Alliance, the producer responsibility organization. It further argues the EPR program violates the due process clause by prohibiting businesses from challenging CAA’s fee assessments in court. NAW has also filed a motion for a preliminary injunction, asking the court to block the EPR law’s enforcement while the case proceeds. NAW previously won a preliminary injunction in a separate EPR lawsuit in Oregon earlier this year, blocking the Oregon Department of Environmental Quality from enforcing its EPR law against certain NAW-member companies.

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