U.S. District Court, District of Colorado. No. 1:26-cv-03460 (PACER-derived docket mirror, accessed October 25, 2026). Filed July 30, 2026. This page covers what is challenged, where the case stands, and who is covered by any relief granted.
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Last updated October 25, 2026.
U.S. District Court, District of Colorado | No. 1:26-cv-03460 (PACER-derived docket mirror, accessed October 25, 2026) | Filed July 30, 2026 current October 25, 2026
This summary of where the case stands is not legal advice. If your exposure is material, confirm it with counsel.
Colorado’s Producer Responsibility Program for Statewide Recycling Act (HB 22-1355), brought by the National Association of Wholesaler-Distributors as sole plaintiff and represented by the New Civil Liberties Alliance. NAW raises five claims: that the Act delegates regulatory power to a private entity, CAA, in violation of Fourteenth Amendment due process; that it imposes an unconstitutional condition by requiring businesses that sell to Colorado consumers to sign an agreement with CAA giving up their rights to due process and a federal judicial forum, and to pay fees not even roughly proportional to their impacts; that it violates the Dormant Commerce Clause; that it violates the First Amendment by prohibiting businesses from charging Colorado customers a fee to recover their EPR costs; and that it compels producers to join CAA and fund its advocacy. NAW also argues the producer definition wrongly reaches many wholesale distributors that have no control over the selection, design, or manufacture of most product packaging.
NAW replied on September 28, 2026 (ECF 17), which completes the injunction briefing, and no ruling on the injunction motion appears on the docket as mirrored October 22, 2026. NAW moved for a preliminary injunction on August 5, 2026 (ECF 11, with seven affidavits), in a separate filing after the July 30 complaint, and the State filed its response on September 16, 2026 (ECF 15, with declarations and exhibits). The case is assigned to Judge Philip A. Brimmer, captioned 26-cv-03460-PAB, and referred to Magistrate Judge N. Reid Neureiter for non-dispositive matters. The parties stipulated to extend Ryan’s time to answer or respond to October 13, 2026 (ECF 18), and on that date Ryan moved to dismiss for failure to state a claim (ECF 20); NAW filed the consent form on October 6, 2026 (ECF 19), stating “All parties do not consent,” and filed a proposed scheduling order on October 14, 2026 (ECF 21). On October 15, 2026 the Auto Care Association moved to intervene as a plaintiff (ECF 22), and the motion was referred to Magistrate Judge Neureiter on October 16 (ECF 23), the day the Association filed a corrected motion and a corrected proposed complaint in intervention (ECF 24). The court held a scheduling conference on October 21, 2026 and set oral argument on the motion to intervene for November 6, 2026 at 9:30 a.m. (ECF 25), and the magistrate judge’s scheduling order sets a telephonic status conference for January 13, 2027, discovery by March 22, 2027, dispositive motions by April 21, 2027, and a telephonic final pretrial conference for June 9, 2027 (ECF 26). On September 28, 2026 Eco-Cycle, Inc. moved for leave to file an amicus brief (ECF 16). Colorado now has two injunction requests pending: this one, on the federal docket, and the one ILMA says it filed in state court on August 18, 2026. CAA has said it is aware of the suit and is not a party; CDPHE has declined to comment.
No relief has been granted, so registration, reporting, and 2026 dues remain due for all covered producers in Colorado.
The main filings, orders, and related events are listed in date order, and a date marked scheduled has not happened yet.
| Date | What happened |
|---|---|
| August 2025 | NAW sues Oregon, the first of its EPR challenges. |
| February 6, 2026 | Oregon court grants NAW members a partial preliminary injunction, the first time any court blocked a state EPR law. |
| June 22, 2026 | NAW joins 17 state attorneys general challenging California SB 54 as the sole business plaintiff. |
| July 30, 2026 | NAW files against Colorado, its third EPR suit. NAW has said it is now moving earlier in each state rather than waiting for programs to take full effect. |
| August 5, 2026 | NAW moves for a preliminary injunction in a separate filing (ECF 11). |
| August 6 to 10, 2026 | The court sets an October 21, 2026 scheduling conference before Magistrate Judge Neureiter (ECF 12), and NAW files the executed service waiver, which records Ryan’s answer as due October 5, 2026 (ECF 13). |
| September 16, 2026 | The State files its response to the preliminary injunction motion (ECF 15), with declarations and exhibits. Docket accessed September 23, 2026. |
| September 28, 2026 | NAW replies in support of the injunction motion (ECF 17), and Eco-Cycle, Inc. moves for leave to file an amicus brief (ECF 16). |
| October 1, 2026 | The parties stipulate to extend Ryan’s time to answer or respond to October 13, 2026 (ECF 18). |
| October 6, 2026 | NAW files the consent form, stating “All parties do not consent” (ECF 19). |
| October 7, 2026 | Consent or non-consent form was due from the parties (ECF 12). |
| October 13, 2026 | Ryan moves to dismiss the complaint for failure to state a claim (ECF 20). |
| October 14, 2026 | NAW files a proposed scheduling order (ECF 21). |
| October 15, 2026 | The Auto Care Association moves to intervene as a plaintiff (ECF 22). |
| October 16, 2026 | The motion to intervene is referred to Magistrate Judge Neureiter (ECF 23), and the Auto Care Association files a corrected motion to intervene and a corrected proposed complaint in intervention (ECF 24). |
| October 21, 2026 | Scheduling conference held before Magistrate Judge Neureiter; oral argument on the Auto Care Association’s motion to intervene set for November 6, 2026 at 9:30 a.m. (ECF 25). The magistrate judge’s scheduling order, entered October 22, sets a telephonic status conference for January 13, 2027, discovery by March 22, 2027, dispositive motions by April 21, 2027, and a telephonic final pretrial conference for June 9, 2027 (ECF 26). |
| November 6, 2026 scheduled | Oral argument on the Auto Care Association’s motion to intervene, 9:30 a.m., before Magistrate Judge Neureiter (ECF 25). |
| January 13, 2027 scheduled | Telephonic status conference, 10:30 a.m., before Magistrate Judge Neureiter (ECF 26). |
Dates are drawn from court filings, orders, and firm alerts as reported. Where a docket is not publicly accessible the Atlas relies on secondary reporting and says so.
Status as of October 25, 2026. Docket accessed on CourtListener October 25, 2026; the mirror’s own last refresh was October 22, 2026 at 9:33 a.m. (newest entry ECF 26, the scheduling order entered October 22, 2026), so any filing after that time is not visible here.
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