Overview
Since the first wave of state extended producer responsibility (EPR) laws for packaging and paper products was enacted beginning in 2021, seven states—Oregon, Colorado, California, Minnesota, Maryland, Washington, and Maine—have adopted EPR laws. As producer registration, reporting, and fee obligations have taken effect, industry groups, individual producers, a coalition of state attorneys general, and environmental organizations have each filed suit challenging different aspects of these regimes. The US District Court for the District of Oregon’s ruling in National Association of Wholesaler-Distributors v. Feldon is the first ruling on the merits addressing the constitutionality of state EPR laws and may serve as a bellwether for other lawsuits.
This chart summarizes the currently pending litigation, organized by state. As of this update, no litigation has been reported challenging the packaging EPR statutes of Minnesota, Maryland, Washington, or Maine.
Key Takeaways for Producers
- No court has issued a final ruling invalidating any state packaging EPR law and compliance obligations remain in effect in every state with an active program, except where a specific, limited injunction applies.
- Relief obtained to date is narrow and party- or provision-specific. For example, the California SB 343 injunction pauses only labeling enforcement, not enforcement of SB 54.
- Producers should continue to determine whether they are obligated to register, report, and pay fees on existing state deadlines while simultaneously tracking developments that could affect their specific compliance posture.
Steptoe LLP is tracking the progress of each of these cases and will continue to provide updates periodically. The attorneys at Steptoe LLP can assist with determining compliance obligations in the interim.
