Foley Attorneys Analyze Colorado EPR Double Billing Challenge
Foley & Lardner LLP attorneys Betsy Stone, Nicholas Johnson, and Arata E. Kaku-McGowan shared insights in the Packaging Dive article, “Auto Care Association raises double-pay issue in Colorado EPR suit.”
Referencing a recent Foley blog cited in the article, the authors highlighted concerns that Colorado producers could face overlapping reporting and fee obligations under the state’s packaging extended producer responsibility (EPR) program. They wrote, “One member’s example in the motion makes the problem concrete. A unit of its diesel exhaust fluid ships in a plastic container inside a cardboard shipper. The plastic jug gets reported to LPMA; the cardboard around that same jug gets reported to CAA.”
The authors further noted that “each organization has its own registration process, participation agreement, reporting portal, data format, material categories, deadlines, and fee schedule,” and that the motion asserts “there is no apparent coordination between them.”
The authors commentary also appeared in Yahoo!Finance.