Oregon Packaging EPR Program Survives Constitutional Challenge
In a lengthy ruling with significant implications for similar schemes across the country, a federal judge has upheld Oregon’s extended producer responsibility (EPR) program for packaging, printing, and food serviceware, holding that it does not violate the U.S. Constitution’s dormant Commerce Clause or Due Process Clause. Oregon is one of seven states to have enacted […]
California Finalizes Packaging EPR Regulations Under SB 54
California has finalized regulations implementing the state’s extended producer responsibility (EPR) program for packaging, more than a year after the governor directed CalRecycle to restart the rulemaking process over cost concerns. The final rule, approved May 1, 2026, implements California’s Plastic Pollution Prevention and Packaging Producer Responsibility Act (SB 54), passed in 2022. Despite the […]
Textile EPR Legislation Introduced in Minnesota
On February 25, 2026, Minnesota introduced legislation to implement an extended producer responsibility (EPR) program for textiles, carpet, and mattresses. The “Responsible Textile Waste Recovery Act,” HF 3713, would require producers of covered products to appoint, join, and fund a producer responsibility organization (PRO), which would collect covered products for free and promote their reuse, […]
Court Enjoins Oregon Packaging EPR Law in NAW Challenge
On February 6, 2026, the Oregon District Court granted a preliminary injunction in a challenge to Oregon’s packaging extended producer responsibility (EPR) scheme while dismissing other claims without prejudice. The one-paragraph order bases the injunction on the plaintiff’s dormant Commerce Clause and due process claims. Those claims allege that the scheme unduly restricts interstate commerce and […]
EU Adopts New Textile EPR Requirements
In September, the European Union (EU) took a significant step to address textile waste and recycling through amendments to the EU Waste Framework Directive (WFD). Under Directive (EU) 2025/1892, Member States must implement extended producer responsibility (EPR) schemes for textiles, establish national registers of textile producers, and adopt measures to improve the collection, sorting, and […]
Oregon Defends Packaging EPR Program, Argues Court Lacks Jurisdiction
Oregon Environmental Quality Commission (EQC) officials are asking a federal court to dismiss a challenge to the state’s extended producer responsibility (EPR) law and implementing regulations, arguing that the court lacks subject-matter jurisdiction. The motion to dismiss, filed December 22, 2025, comes after the plaintiff, the National Association of Wholesaler-Distributors (NAW), asked the District Court […]
SBA Calls for Federal Scrutiny of State EPR Laws
In comments submitted October 30, 2025, the Small Business Administration’s (SBA’s) Office of Advocacy is calling for the federal government to take action against state extended producer responsibility (EPR) programs “as barriers to interstate commerce.” SBA’s comments are part of a larger document submitted in response to an August 2025 Department of Justice (DOJ) request […]
Reminder: Upcoming New York Carpet EPR Deadlines
New York’s carpet extended producer responsibility (EPR) law will soon take effect, with important deadlines on the horizon for producers. As discussed in a previous post, the law requires manufacturers to fund and manage the collection and recycling of post-consumer carpet sold in the state, while also phasing in recycled content minimums and a prohibition […]
Colorado Proposes Amendments to EPR Regulations to Implement Eco-Modulation
The Colorado Department of Public Health and Environment (CDPHE) has released a proposed rule to introduce eco-modulation—a system that lowers dues for producers who meet specific sustainability incentives under the state’s extended producer responsibility (EPR) program for packaging. Under Colorado’s EPR program, producers of packaging and paper products will begin paying dues to a producer responsibility […]
New York to Ban PFAS in Carpet Beginning December 2026
A New York state law will ban the sale of carpet containing or treated with PFAS “for any purpose” starting December 31, 2026—following in the footsteps of other states, such as Colorado and Maryland, which have already forbid the intentional use of so-called “forever chemicals” in carpeting. Like those states, the law broadly defines PFAS […]