Advising on EPR requirements across industries.
Beveridge & Diamond advises clients on all aspects of extended producer responsibility (EPR) laws in the U.S. and globally. For more than two decades, we have helped clients—including product manufacturers, retailers, and trade associations—advocate for preferred approaches to state and local EPR laws, meet compliance obligations, design efficient collection and management programs, and defend related enforcement actions and litigation. At the international level, we advise clients on controls and trade bans that often apply to the cross-border movement of end-of-life products managed for recycling. We also have experience with electronics, battery, and packaging EPR regulations in Canada (all provinces) and other jurisdictions world-wide.
Additionally, we help industry groups organize and establish third-party Producer Responsibility Organizations (PROs) to oversee the implementation of EPR programs across the U.S. and counsel PROs on all aspects of stewardship program development and implementation.
Cross-Sector Experience
We are well-versed in the array of U.S. state and local EPR laws, beginning with our pioneering work with the electronics sector over two decades ago, through more recent packaging EPR laws that broadly apply to many consumer products. We have unique insight and experience with most EPR laws in the U.S., including those covering:
- Carpet
- Consumer, industrial, and EV batteries
- Electrical and electronic equipment
- Medical sharps
- Packaging, plastics, and food service ware
- Paints
- Solar panels
- Textiles
- Thermostats and mercury-containing products
- Tires
- Unused pharmaceuticals
- Mattresses
Services
Our services include:
- Assisting clients in evaluating and complying with state and local EPR laws in the U.S.
- Analyzing EPR applicability and exemptions relevant to client operations and products.
- Developing compliance tools, such as “compliance calendars” that consolidate all applicable regulatory deadlines and requirements governing the collection of and reporting on covered products.
- Assisting with mandatory registration and reporting, and other agency submissions.
- Confirming compliance obligations with regulators.
- Defending against enforcement actions.
- Advising on the selection of vendors, the development of vendor requirements, and the drafting of vendor contracts (such as those for electronic waste collectors and recyclers).
- Preparing and submitting comments on rulemakings regarding EPR and related topics.
- Advising on the design and implementation of global take-back programs as part of broader corporate circularity goals.
- Providing strategic advice on the evolution of EPR measures and related waste diversion and product regulation requirements to minimize compliance burdens and business disruption risk.
- Assisting with the development and management of cost-effective PROs.
- Counseling on all aspects of PRO implementation, including stewardship plan development, annual reports, and project development.
