Developments in Oregon’s extended producer responsibility (EPR) program, the Plastics Pollution and Recycling Modernization Act (Act), continue to unfold, including an April 6 2026 order clarifying the limited scope of a February 6, 2026 preliminary injunction. On February 6, 2026 the U.S. District Court issued a preliminary injunction pausing enforcement of the Act against National Association of Wholesaler-Distributors (NAW) members, plaintiffs in a lawsuit challenging the

SB 54 regulations submitted to OAL

On February 6, 2026, the U.S. District Court for the District of Oregon issued a critical ruling in National Association of Wholesaler-Distributors (NAW) v. Feldon , a case challenging Oregon’s landmark Plastic Pollution and Recycling Modernization Act (RMA). The court held that a preliminary injunction was warranted based on the Due Process Clause and the Commerce Clause of the U.S. Constitution, pausing enforcement of the program against NAW members until a decision is made

American Conference Institute (ACI)’s second extended producer responsibility (EPR) Think Tank in New York City is gaining traction as the leading conference for EPR packaging programs for the legal community and others interested in the EPR programs.  This year’s conference, held January 26th - 28th in New York City (notwithstanding inclement weather and several remote attendees), included industry leaders, trade associations, and presentations from leading practitioners in

On January 9, 2026, the California Department of Resources Recycling and Recovery (CalRecycle) officially withdrew its proposed regulations for the Plastic Pollution and Packaging Producer Responsibility Act (SB 54) from the Office of Administrative Law (OAL). This withdrawal occurred just as the long-awaited regulations were slated for final adoption or rejection. According to CalRecycle, the decision to pull the current package is aimed at improving the clarity of the regul

Effective last January 1, 2025, California’s extended producer responsibility (“EPR”) packaging and food service ware program, the Plastic Pollution Prevention and Packaging Producer Responsibility Act (the “Act" or "SB 54"), prohibits producers of ex panded polystyrene (“EPS”) food service ware under the Act from selling or distributing EPS food service ware in California unless producers can demonstrate to California's Department of Resources Recycling and Recovery (“CalRec

by Eoghan Gallagher Summary Regulatory pressures in the European Union are rapidly reshaping the landscape for cosmetics and fragrance companies. New hazard classes under the CLP Regulation, early national classification proposals, and forthcoming reforms to REACH and the Cosmetics Regulation are accelerating restrictions on a wide range of ingredients, including many natural complex substances. This article explains how these developments are unfolding, why classification ou

Voluntary cleanup agreements have been a staple of cleanups under both state and federal cleanup programs for decades.  In some cases,...

A lot is going on in the extended producer responsibility (“EPR”) packaging world this month.  Maryland and Washington became the sixth...

Sustainability in México Environmental General Counsel (“EGC”) continues its Global Sustainability Series with a focus on Mexico. EGC...

The distinction between voluntary and mandatory sustainability reporting depends on whether a company exceeds certain thresholds

Companies may need to pay fees for packaging that contains Prop 65 chemicals

As extended producer responsibility (“EPR”) programs unfold in several U.S. states, Environmental General Counsel is using its...

Companies who may qualify as “producers” under the EPR packaging programs [1] adopted by California, Oregon, and Colorado should plan...

Introduction Minnesota just joined the roster of states with extended producer responsibility (“EPR”) packaging programs, and New York...

On March 31, Circular Action Alliance (“CAA”), the Producer Responsibility Organization (“PRO”) for California, Colorado, and the only...

Producers who may qualify for an exemption under California’s extended producer responsibility (“EPR”) packaging law (“SB 54” or the...

Within the last month, California has made significant strides toward its bid to create a circular economy for certain packaging and food...

Since July 2021, when Maine passed the nation's first extended producer responsibility ("EPR") packaging law, four other states...

by Catherine W. Johnson The Circular Action Alliance (“CAA”), a 501(c)(3) non-profit, is expected to be selected as California’s new...