A nationwide network of distributors is suing Colorado over its new recycling regulations law — the latest in a string of such lawsuits.
The National Association of Wholesaler-Distributors filed a complaint in federal court Thursday that argues Colorado’s extended producer responsibility, or EPR, law is unconstitutional because it requires companies pay “extremely burdensome” fees to cover the costs of recycling programs.
NAW, which lobbies for more than 30,000 member companies in wholesale distribution, hired Virginia-based New Civil Liberties Alliance, a libertarian-tilted law firm known for teeing up Supreme Court cases.
“Colorado’s new law violates the Constitution many times over: by outsourcing lawmaking power to a private group controlled by industry insiders, and by hiding the program’s true cost from the public,” Andrew Morris, senior litigation counsel at the alliance, said in a statement.
