U.S. District Court, Eastern District of California. 2:26-cv-02214 (Judge Dena M. Coggins; Magistrate Judge Carolyn K. Delaney). Filed June 22, 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, Eastern District of California | 2:26-cv-02214 (Judge Dena M. Coggins; Magistrate Judge Carolyn K. Delaney) | Filed June 22, 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.
SB 54, brought by a coalition of 17 state attorneys general led by Nebraska with the National Association of Wholesaler-Distributors as the sole business plaintiff. Alleges dormant Commerce Clause and First Amendment violations, including a challenge to SB 54’s prohibition on disclosing EPR costs on customer receipts. NAW’s June 22, 2026 release also describes claims of compelled membership in CAA and of a delegation of fee-setting authority to a private organization without adequate legislative standards.
Active and moving. On August 19, 2026 the plaintiffs filed a First Amended Complaint and a motion for a preliminary injunction. The court set a hearing on that motion for January 15, 2027 at 1:30 p.m. before Judge Coggins, which is after California’s program formally begins on January 1, 2027. The docket is public, and the earlier 2:26-at-01047 was the court’s temporary case number for the new filing, used before the permanent number 2:26-cv-02214 issued. On October 23, 2026 Director Heller moved to dismiss the First Amended Complaint without leave to amend (ECF 60), and the free docket lists three more October 23 filings (ECF 61 to 63) whose text it does not show.
No relief has been granted. SB 54 obligations continue unchanged.
The main filings, orders, and related events are listed in date order, and a date marked scheduled has not happened yet.
| Date | What happened |
|---|---|
| June 22, 2026 | Complaint filed by 17 state attorneys general led by Nebraska, joined by the National Association of Wholesaler-Distributors as the sole business plaintiff. Names CalRecycle Director Zoe Heller and the Circular Action Alliance as defendants. |
| July 2026 | The case was reported as filed under seal, including on this site. The 2:26-at-01047 number was the temporary case number that the court's CM/ECF system assigns when an attorney opens a new civil case, before the permanent civil case number issues. The docket is public. |
| August 19, 2026 | First Amended Complaint filed (ECF 42), naming the same 17 states plus NAW. The plaintiffs moved for a preliminary injunction the same day (ECF 43). |
| August 31, 2026 | The court sets the full briefing schedule by minute order (ECF 51) and resets the joint status report from October 22, 2026 to February 15, 2027. |
| September 4, 2026 | Waiver of service returned executed for the Circular Action Alliance; the docket entry lists its answer as due October 19, 2026 (ECF 54). |
| September 23, 2026 | Waiver of service returned executed for Director Heller; the docket entry lists her answer as due October 19, 2026 (ECF 56). |
| October 19, 2026 | This is the answer date listed in the docket entries for the returned waivers of service filed by the plaintiffs (ECF 54, ECF 56). The August 31 minute order (ECF 51) had given defendants until October 23, 2026 to respond to the First Amended Complaint. |
| October 23, 2026 | On the date the August 31 minute order (ECF 51) set for defendants’ opposition to the preliminary injunction motion and their response to the First Amended Complaint, Director Heller moved to dismiss the complaint without leave to amend under Rules 12(b)(1) and 12(b)(6), noticed for January 15, 2027 (ECF 60). The free docket also lists two filings labeled Opposition to Motion (ECF 61 and 63) and a second filing labeled Dismiss (ECF 62), whose text and filers it does not show. |
| December 1, 2026 scheduled | Plaintiffs’ reply on the preliminary injunction and their opposition to the motion to dismiss due, with defendants’ reply on the motion to dismiss due December 21, 2026 (ECF 51). |
| January 15, 2027 scheduled | Hearing on the preliminary injunction motion, 1:30 p.m., Courtroom 10, before Judge Coggins. The hearing falls after the California program begins on January 1, 2027. |
| February 15, 2027 scheduled | Joint status report due, reset from October 22, 2026. |
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 24, 2026 at 6:29 a.m., with filings through October 23 (ECF 60 to 63; only ECF 60, Director Heller’s motion to dismiss, is in RECAP). The January 15, 2027 hearing date and time are from the ECF 43 docket text.
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