NSAC Cautions Against Federal Preemption of State EPR Laws

NSAC's Heidi Sanborn says state packaging EPR programs are still proving what works and that national coordination should come later—once data and proven solutions are in hand 

Please attribute to Heidi Sanborn, Executive Director/CEO of the National Stewardship Action Council 

“The United States now has seven packaging EPR laws, with Oregon leading the way in early implementation and others following closely behind. But at this point, each state’s approach is still essentially a pilot. None has yet demonstrated long-term effectiveness or scalability, and it’s too early to determine which model delivers the best results for fairness, stability, efficiency, and circularity. States should be allowed to implement and refine the programs they negotiated democratically before the federal government considers something as drastic as pre-empting them in the name of harmonization.  

A premature federal rule would likely set a lower bar, weakening recycling and source-reduction targets while creating more market uncertainty and halting the very innovation our states are leading. Harmonization makes sense for issues like labeling, but materials management is inherently local. Every community has its own collection systems, markets, and contracts. The goal should be to learn from state experience and build upward, not backward. 

National coordination can and should come later once we have data and proven solutions on what works. For now, we need to protect state innovation, accountability, and the democratic process that has allowed meaningful progress on packaging EPR to begin.” 

About the National Stewardship Action Council  

The National Stewardship Action Council (NSAC) is a 501(c)(4) national nonprofit organization driving policy solutions for a circular economy.  

For over a decade, NSAC has advanced landmark policies that unlock the economic and environmental value of waste as a resource. Working alongside nearly 50 member organizations and a nationwide network of 2,700+ individuals, NSAC convenes six national working groups covering packaging, household hazardous waste, recycling refunds, textiles, boating flares and marine film, and illegal single-use print cartridges. These groups unite governments, businesses, nonprofits, and communities to design and implement effective stewardship systems across the United States.