U.S. Packaging EPR Atlas Extended Producer Responsibility Intelligence Hub
One-Page EPR Primer Get help

CalRecycle Director Moves to Dismiss the Multistate SB 54 Suit

Litigation update, October 26, 2026. Part of the EPR Atlas weekly packaging EPR update log.

EPR fee calculator → Full EPR Atlas hub

This page is free to read and updated weekly, and the fee calculator needs a free EPR Atlas account.

Last updated October 25, 2026.

Litigation  |  CA  |  October 26, 2026

In State of Nebraska v. Heller (E.D. Cal., No. 2:26-cv-02214), CalRecycle Director Zoe Heller moved on October 23, 2026 to dismiss the First Amended Complaint without leave to amend, under Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6) (ECF 60). The free docket also lists two filings labeled Opposition to Motion and a second filing labeled Dismiss the same day (ECF 61 to 63), whose text and filers it does not show. The court’s August 31 order gives the plaintiffs until December 1, 2026 to reply on their preliminary injunction motion and to oppose a motion to dismiss, and the motion to dismiss is noticed for the January 15, 2027 hearing date.

What this means for you: no relief has been granted, so SB 54 obligations in California are unchanged. See the case page.

Source: CourtListener docket, ECF 51 and ECF 60 to 63 (read October 25, 2026).

Where this sits

This entry is part of the EPR Atlas weekly update log. Every week the Atlas checks the seven enacted states, the pending and early-stage states, the federal bills, active litigation, and agency rulemaking, then publishes what changed. See the full update archive or the live hub.

← CalRecycle Takes Public Comment on CAA's California Plan T Rhode Island Posts Its Draft Analysis of Five Packaging an →