Extended Producer Responsibility (EPR)

Extended producer responsibility (EPR) is an umbrella term for various regulatory policies that transfer the environmental impact and waste management costs from state and municipal authorities to the producers of consumer products and packaging. EPR approaches require producers to design, fund, and implement systems for the collection, recycling, and disposal of their products and packaging materials.

EPR compliance can be complicated, posing significant challenges and opportunities for businesses in the consumer goods, food, retail, e-commerce, and publishing sectors. Regulatory enforcement and litigation risks are also emerging.

Companies are encouraged to understand and anticipate evolving EPR requirements in different jurisdictions, including with respect to obtaining and reporting information on product and packaging volumes and characteristics, paying fees based on those volumes and other variables, and adopting circular practices to reduce environmental impacts and liability exposure.

Experienced counsel can also help your business navigate risks and opportunities related to working with PROs. These are usually nonprofit entities established by larger producers to represent industry interests, act as an intermediary between producers and regulators, and service a quasi-regulatory function to deliver on legislative EPR priorities.

At DLA Piper, our team of EPR professionals can help you navigate this complex and dynamic landscape. We have tracked and advised on EPR developments from their inception, and we have extensive experience representing clients throughout the supply chain and across sectors.

Our EPR services include:

• Identifying applicable obligations and exemptions under various EPR regimes
• Developing and helping implement compliance strategies and roadmaps
• Engaging with regulators, producer responsibility organizations (PROs), and other stakeholders on EPR rulemaking and enforcement
• Developing client- and industry-specific strategies related to joining, navigating, and forming PROs and sub-PROs
• Advising on product and packaging design, sourcing, and labeling
• Counseling on state-mandated environmental justice programs
• Leveraging our global platform to deliver insights from our EPR colleagues in other jurisdictions
• Litigating and resolving EPR-related disputes and enforcement actions

Our representative EPR engagements include:

• Advising a global consumer goods company on EPR obligations and compliance strategies in multiple EPR states
• Representing an international industry consortium on forming and fielding an industry-specific sub-PRO for difficult-to-recycle packaging
• Negotiating with regulators regarding the applicability of novel exemptions for client products and packaging
• Assisting multiple national restaurant franchise brands on EPR obligations arising from complex supply chains and specialized sourcing
• Helping producers of specially regulated goods understand their eligibility for relevant exemptions