October 16, 2026
Foley Viewpoints
Double-Billed for Recycling? What Colorado Producers Need to Know About Overlapping Extended Producer Responsibility (EPR) Fees
Producers have spent the past year asking how much Colorado’s EPR program will cost them. For one industry, the answer may be: double. On October 15, 2026, the Auto Care Association moved to intervene as a plaintiff in National Association of Wholesaler-Distributors v. Ryan, the pending federal challenge to Colorado’s Producer Responsibility Program for Statewide Recycling Act. Its core grievance: Colorado has directed producers of lubricant and-petroleum related products, such as automotive aftermarket companies, to register with, report to, and pay dues to two separate private organizations for packaging associated with the very same product.