Dive Brief: - The National Association of Wholesaler-Distributors has filed a federal lawsuit challenging Colorado's extended producer responsibility for packaging program, saying its rigid fee-setting rules and lack of oversight violate the U.S. Constitution. - NAW claims Colorado’s EPR law violates businesses’ First Amendment rights by compelling them to join and pay dues to Circular Action Alliance, the producer responsibility organization. It further argues the EPR program violates the due process clause by prohibiting businesses from challenging CAA’s fee assessments in court. - NAW has also filed a motion for a preliminary injunction, asking the court to block the EPR law’s enforcement while the case proceeds. NAW previously won a preliminary injunction in a separate EPR lawsuit in Oregon earlier this year, blocking the Oregon Department of Environmental Quality from enforcing its EPR law against certain NAW-member companies. Dive Insight: NAW is not new to EPR lawsuits: The trade association is currently challenging Oregon’s EPR law in court, a case that went to trial earlier this month and is now undergoing a post-trial briefing. In June, NAW also joined as the sole business plaintiff in a 17-state coalition challenging California's EPR law, SB 54, in federal court. NAW had previously suggested it would take action elsewhere when it first launched the Oregon lawsuit. The named defendant in the Colorado lawsuit is Jill Hunsaker Ryan, executive director of the Colorado Department of Public Health and Environment. NAW is the sole plaintiff in the Colorado case and is represented by the New Civil Liberties Alliance. In Colorado, the state Department of Public Health and Environment oversees the state EPR program and approved CAA’s program plan. Most producers are required to participate in the state EPR program, and in January they began paying mandatory fees. NAW takes issue with the fact that the