Seventeen States and NAW Challenge California’s Packaging EPR Law

Short summary

A coalition of 17 states and NAW sued California over SB 54's packaging EPR program, challenging mandatory PRO participation, fee mechanisms, and restrictions on disclosing costs to consumers on constitutional grounds (Commerce Clause, First Amendment, due process). The litigation could affect similar EPR programs in Colorado, Maine, Maryland, Minnesota, Oregon, and Washington. Producers must monitor this case as SB 54 compliance obligations remain in effect unless suspended by court order.

• •17 states and NAW filed suit challenging California's SB 54 packaging EPR law on Commerce Clause, First Amendment, and due process grounds
• •Core challenges: preferential treatment of in-state manufacturers, restrictions on communicating compliance costs, unlawful delegation to private PRO
• •Similar packaging EPR programs in six other states already face related litigation; regulatory uncertainty across multiple jurisdictions

Generated with AI, which can make mistakes.