Extended Producer Responsibility (EPR) laws continue to proliferate in the United States, presenting significant operational challenges for consumer packaged goods companies. Earlier in 2024, Minnesota became the sixth state to enact a broad packaging EPR law, joining California, Colorado, Maine, Oregon, and Maryland in the emerging trend of states imposing responsibility for end-of-life management for single-use packaging on producers. EPR laws intend to shift the cost of waste management, traditionally borne by municipalities, to producers of single-use packaging. By shifting this financial responsibility, these laws aim to ease the financial burden on local governments, while in theory providing incentives to producers to improve and adapt product packaging to meet recycling standards and, thereby, reduce landfill waste.

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Photo of Will Wagner Will Wagner

Will Wagner focuses his practice in the areas of consumer product defense and regulatory enforcement litigation, including California’s unique Proposition 65, California regulatory actions pertaining to labeling and emissions of Volatile Organic Compounds (VOC) from consumer products, and actions under the Consumer Legal…

Will Wagner focuses his practice in the areas of consumer product defense and regulatory enforcement litigation, including California’s unique Proposition 65, California regulatory actions pertaining to labeling and emissions of Volatile Organic Compounds (VOC) from consumer products, and actions under the Consumer Legal Remedies Act (CLRA) and Unfair Competition Law (UCL). Will also handles writ actions related to administrative decisions and procedures, along with commercial disputes and accessibility cases under the Americans With Disabilities Act.

Photo of Lindsay N. Aherne Lindsay N. Aherne

Lindsay represents clients in commercial litigation across the country and abroad, at the trial and appellate levels. She has broad experience including advising on matters relating to individual and business torts, including alleged deceptive and anti-competitive trade practices, consumer protection act claims and…

Lindsay represents clients in commercial litigation across the country and abroad, at the trial and appellate levels. She has broad experience including advising on matters relating to individual and business torts, including alleged deceptive and anti-competitive trade practices, consumer protection act claims and other alleged statutory violations.

Lindsay also assists clients with regulatory compliance and, when needed, represents clients in proceedings before governmental bodies.

Lindsay represents clients in various sectors, including those in the food, beverage, dietary supplement, medical device, personal care products/cosmetics, and supply chain industries.

Lindsay proudly serves as a pro bono coordinator for the firm’s Denver office.

Photo of Madeline Orlando Madeline Orlando

Madeline Orlando focuses her practice on both California state and federal regulatory issues. She works with clients to navigate the California regulatory framework, with a particular focus on Prop 65, environmental, and consumer products regulatory compliance. Her practice also includes advising clients on

Madeline Orlando focuses her practice on both California state and federal regulatory issues. She works with clients to navigate the California regulatory framework, with a particular focus on Prop 65, environmental, and consumer products regulatory compliance. Her practice also includes advising clients on federal regulatory requirements and compliance, including regulations under the Federal Trade Commission, U.S. Department of Commerce, and U.S. Customs and Border Protection.

Madeline also has litigation experience, representing clients in business and commercial litigation as well as environmental and consumer protection litigation.

Photo of Alexandra “Ally” Lizano Alexandra “Ally” Lizano

Ally Lizano counsels public and private sector clients through the complexities of environmental laws and regulations. She litigates in both state and federal court and provides compliance advice relating to environmental laws such as the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA)…

Ally Lizano counsels public and private sector clients through the complexities of environmental laws and regulations. She litigates in both state and federal court and provides compliance advice relating to environmental laws such as the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), the Resource Conservation and Recovery Act (RCRA), the Clean Air Act (CAA) Risk Management Program, and the state counterpart laws and regulations. Ally’s practice also includes consumer product defense and regulatory compliance in California.

As part of her environmental enforcement defense practice, Ally represents clients dealing with enforcement matters with various state and federal agencies. This includes matters involving the U.S. Environmental Protection Agency, the State Water Resources Control Board and its Regional Water Quality Control Boards, and the Department of Toxic Substances Control. Additionally, Ally is experienced in environmental site investigation and remediation. She also assists clients with environmental due diligence.

In her consumer product practice, Ally defends clients across the supply chain, including importers, manufacturers, distributors, and retailers, to ensure compliance with California’s Proposition 65. This often involves litigation of claims related to a broad range of consumer products, such as textiles, personal care products, household goods, and food and beverages.