US extended producer responsibility (EPR) requirements relating to packaging are in the early stages and increasing. Legislation has been adopted in several states, with more legislation, rules and other implementing actions on the way. But, there also are states where packaging EPR legislation or compliance has stalled or been paused for the time being. In this post, we provide a brief overview of ten of the recent and pending developments we are watching.
1. California – Comment period closes on proposed permanent regulations
The Department of Resources Recycling and Recovery (CalRecycle) is proposing permanent regulations under the Plastic Pollution Prevention and Packaging Producer Responsibility Act (SB 54). On January 9, CalRecycle withdrew its previously proposed regulations implementing the Act from the Office of Administrative Law's review in order to revise specific provisions. The revisions are intended to improve clarity and address various stakeholder concerns. On January 29, CalRecycle published revised proposed regulations and initiated a 15-day written comment period (through February 13), specifically on the changes from the earlier draft. CalRecycle intends to adopt the proposed regulations after considering all recommendations, alternatives, comments and objections regarding the proposed action.
2. Colorado – Program plan approved; program implementation coming soon
On December 10, 2025, the Department of Public Health and Environment approved Circular Action Alliance’s (CAA) amended program plan to implement House Bill 22-1355, the Producer Responsibility Program for Statewide Recycling Act. With the final plan approved, CAA must begin implementation within six months, or by June 9.
3. Colorado – Two new rulemakings adopted
The Solid and Hazardous Waste Commission adopted two rulemakings on November 18, 2025. The first finalized the eco-modulation framework under the Act and the second further explained producer responsibilities.
4. Maine – SO to be chosen in March; producer registration by May
Maine is expected to contract with a stewardship organization (SO) in March. A SO has the same function as a producer responsibility organization (PRO). CAA has announced its intention to respond to Maine’s RFP to serve as the SO. CAA is the designated PRO in California, Colorado, Maryland, Minnesota and Oregon. Producers will be required to register with the SO by May.
5. New Hampshire – EPR bill killed
On January 7, HB 1789-FN was introduced to the New Hampshire House of Representatives. Similar to other EPR laws, the bill would have established a packaging reduction program by which producers who sell, offer for sale or distribute products protected or distributed in packaging would pay fees based on the quantity and type of packaging used in New Hampshire. On February 19, a motion was adopted in the House to deem the bill “inexpedient to legislate”—meaning that the legislature has formally decided to not move forward with the bill.
6. Oregon – EPR law preliminarily enjoined and trial date set
In July 2025, the National Association of Wholesaler-Distributors (NAW) filed a lawsuit against the Oregon Department of Environmental Quality challenging the constitutionality of Oregon’s Plastic Pollution and Recycling Modernization Act. On February 6, a federal District Court judge granted a preliminary injunction blocking enforcement of the Act as to NAW and its members while the court considers constitutional challenges to the statute. Multiple claims from the suit also were dismissed, leaving two remaining claims relating to the Dormant Commerce Clause and Due Process Clause of the Fourteenth Amendment. The two remaining claims will be decided in a trial scheduled to start on July 13.
7. Oregon – DEQ begins third rulemaking process
Oregon’s Department of Environmental Quality (DEQ) is developing its third set of rule amendments and updates, seeking to improve the clarity of, make identified corrections to and provide increased consistency across the rules implementing the Plastic Pollution and Recycling Modernization Act. The final proposed rules are expected to be presented to the Oregon Environmental Quality Commission in early 2027. Sessions will be held throughout the rulemaking process where stakeholders can get involved and voice their concerns and opinions. More information on the process, advisory committee and public engagement opportunities are available on the 2026 rulemaking web page.
8. Oregon – CAA seeks to amend its program plan
On February 9, CAA submitted a second draft proposal to amend its program plan to implement the Plastic Pollution and Recycling Modernization Act. Specifically, the amendment describes how CAA intends to meet the responsible end market requirements outlined in the Act and rules thereunder. The public comment period is open from February 23 through March 27. Public comments received, as well as feedback of the Oregon Recycling System Advisory Council, will be taken into account by DEQ in formulating its response to CAA, which is due by April 10.
9. Washington – CAA calls on producers to register
CAA is seeking to become Washington State’s PRO too. Washington will determine its PRO from among the organizations that producers appoint to represent them. CAA has announced that it will register to be the selected PRO with the Washington Department of Ecology by March 1 on behalf of the producers who completed their registration with CAA by February 15.
10. Wisconsin – Senate and Assembly introduce companion packaging EPR bills
In December 2025, the State Senate and Assembly both introduced identical packaging EPR bills (SB 778 and AB 772). Similar to other EPR laws, companies qualifying as producers would be required to register with a chosen PRO (a “packaging reduction organization”), report data and pay fees. Producers would also be subject to packaging reduction requirements. For example, beginning two years after registering with the PRO, producers would be required to reduce the amount of packaging used to contain, protect, deliver, present or distribute products by 10% by unit. This would increase to 20% after four years, 30% after six years, 40% after eight years and 50% after 10 years.
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