Independent Lubricant Manufacturers Association v. Colorado Department of Public Health and Environment (Denver District Court No. 2026CV30902, filed March 12, 2026) remains pending, and no ruling has been reported as of July 30, 2026. ILMA raises federal and state due process claims, a non-delegation argument, a First Amendment challenge to point-of-sale fee disclosure restrictions, and statutory claims about the five percent administrative expense cap and the cost-based fee requirement. Part of the objection targets CDPHE's approval of an individual program plan from the Lubricants Packaging Management Association, founded by five major petroleum companies, to manage oil-based product packaging. The practical point for producers:
the ILMA complaint does not seek a preliminary injunction, so nothing is paused by this case. Colorado's program remains in force and 2026 dues remain due while it proceeds. Note that this is no longer the only Colorado challenge: NAW filed a separate federal suit on July 30, 2026 that
does seek a preliminary injunction (see the entry above). Neither case has produced any relief to date. An ILMA representative said in early July that an update was expected within a few weeks.
Update (September 23, 2026): this was accurate when published. ILMA says that on August 18, 2026 it filed a motion for a preliminary injunction limited to its own members; see the September 6, 2026 entry, ILMA Seeks a Colorado Injunction for Its Members. Sources:
Foley and Lardner;
Packaging Dive (July 10, 2026).