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California Packaging EPR Program Faces Legal Challenges

By Sheila Millar & Anushka R. Stein on June 24, 2026
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On June 22, 2026, a coalition of 17 states led by Nebraska’s attorney general (AG) plus the National Association of Wholesaler-Distributors (NAW), filed a federal lawsuit in the Eastern District of California, challenging the constitutionality of SB 54 (or the Act), California’s extended producer responsibility (EPR) law for packaging. Defendants include the California Department of Resources Recycling and Recovery (CalRecycle), that agency’s head, and the Circular Action Alliance (CAA), the Producer Responsibility Organization (PRO) selected by California to implement SB 54. Notably, NAW filed a similar lawsuit last year against Oregon’s EPR law.

This litigation follows a more narrowly focused lawsuit filed in the San Francisco Superior Court on June 2, 2026, by the Natural Resources Defense Council (NRDC), Californians Against Waste (CAW) Foundation, and Oceana, against CalRecycle and the agency’s head.

Read more here.

Photo of Sheila Millar Sheila Millar

Sheila A. Millar is a partner at Keller and Heckman LLP, where she represents businesses and trade associations on a variety of public policy and regulatory issues, including privacy, data security, cybersecurity and advertising matters, as well as product safety issues. She has…

Sheila A. Millar is a partner at Keller and Heckman LLP, where she represents businesses and trade associations on a variety of public policy and regulatory issues, including privacy, data security, cybersecurity and advertising matters, as well as product safety issues. She has been involved in a variety of audit and compliance projects, including, among other issues, privacy and data security audits, and is experienced in providing crisis management legal support to a variety of national and international companies and associations.

Ms. Millar is a frequent speaker on regulatory and public policy matters, and has authored many articles. Ms. Millar is one of the vice chairs of the International Chamber of Commerce (ICC) Marketing and Advertising Commission, and chair of its Working Group on Sustainability, where she spearheaded the development of the ICC Framework Guides on Environmental Marketing Claims.

Ms. Millar is AV® PreeminentTM Rated by Martindale-Hubbell and for the eigth consecutive year was selected by her peers for inclusion in The Best Lawyers in America® 2018 for her work in practicing Advertising Law. She has also received the distinguished honor of Advertising Law “Lawyer of the Year” 2014 in Washington, DC by Best Lawyers®, and was awarded Advertising and Marketing Lawyer of the Year USA by Finance Monthly for their Finance Monthly Global Awards 2017.

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Photo of Anushka R. Stein Anushka R. Stein
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  • Posted in:
    Environmental and Climate
  • Blog:
    Consumer Protection Connection
  • Organization:
    Keller Heckman
  • Article: View Original Source

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