# Colorado Seeks Dismissal of EPR Claims

On October 13, 2026, the Colorado Department of Public Health and Environment moved to dismiss two due-process claims in the National Association of Wholesaler-Distributors’ challenge to Colorado’s Extended Producer Responsibility (EPR) law, citing a similar outcome in Oregon. The motion does not resolve the challenge’s dormant Commerce Clause or First Amendment claims, and neither it nor the pending preliminary-injunction request suspends producers’ current reporting or dues obligations.

- Producers should continue meeting applicable reporting and dues obligations while the case proceeds; the motion does not provide a basis to pause compliance.
- Producers can evaluate the compliance paths identified in the signal: joining a producer responsibility organization, submitting an individual plan, or seeking an exemption.
- The unresolved claims and pending injunction request leave the law’s obligations in place for now, making the litigation relevant to producers’ compliance planning and costs in Colorado.

**Jurisdictions:** sled
**Industries:** Environment
**Topics:** Regulatory Compliance
**Published:** October 19, 2026

### Government Entities
- Colorado Department of Public Health and Environment (CDPHE)
- State of Colorado
- United States District Court for the District of Oregon

### Sources
- [Colorado Takes a Page from Oregon’s Playbook And Tries to Partially Dismiss EPR Challenge | Foley & Lardner LLP - JDSupra](https://www.jdsupra.com/legalnews/colorado-takes-a-page-from-oregon-s-5085291) - JD Supra