EPR & Regulation
A federal judge in Oregon this week clarified the scope of a temporary injunction on the packaging extended producer responsibility (EPR) law, while denying a motion by the American Forest & Paper Association (AF&PA) and other business groups to join an existing lawsuit by the National Wholesaler-Distributor Association (NAW). The judge noted that the temporary injunction applies only to entities that were NAW members as of February 6, 2026, and does not cover newly joined members. The case is scheduled for trial in July.
The European Commission published PPWR implementation guidance on Monday, clarifying definitions for producers, importers, packaging, as well as restrictions on single-use items and PFAS. It also released an FAQ document in response to stakeholder concerns. With less than five months until it takes effect on August 12, industry organization Europen stated that the guidance remains insufficient to provide the legal certainty and operational clarity businesses need, leaving investment decisions and compliance planning stalled.
The Independent Lubricant Manufacturers Association (ILMA) filed a lawsuit in Colorado this month challenging the state's extended producer responsibility (EPR) law for packaging, one of several recent legal challenges to state packaging policies. Meanwhile, groups such as the American Forest & Paper Association joined an Oregon lawsuit led by the National Association of Wholesaler-Distributors (NAW). Attorneys for ILMA and NAW communicate regularly, with both sides believing that EPR implementation raises fundamental legal issues and expressing concern about indirect cost impacts on small businesses.
Circular Action Alliance (CAA) is accelerating its California SB 54 packaging EPR program. Despite regulations not yet being finalized, it plans to submit the program plan to the advisory committee by June 15, followed by a 60-day public comment period. CAA has received over 2,000 producer reports but still needs at least 700 more, and faces key deadlines including fee estimation on May 1 and report submission by May 31.