B&D helps industry groups organize and establish third-party Producer Responsibility Organizations (PROs) to oversee the implementation of EPR programs across the U.S. and counsels PROs on all aspects of stewardship program development and implementation. At the PRO formation stage (and later as needed), we support impacted industries with developing scalable PRO corporate structures, governing documents, funding mechanisms, producer agreements, vendor agreements, and stakeholder outreach plans. Once established, we counsel PROs on stewardship plan development, annual reports, PRO governance and association management, and other legal requirements affecting PRO operations. 

Representative examples of our PRO support include:

• Counseling multiple PROs subject to U.S. EPR requirements on program development and implementation. We advise PROs on issues including stewardship plan drafting and negotiation, plan implementation, waste requirements, collection site and other contracting, reporting, legislative and regulatory advocacy, producer relations, auditing, and enforcement.
• Assisting a PRO with drafting (enacted) legislative amendments sunsetting an EPR program for a legacy product while minimizing ongoing enforcement risks for the remainder of the program.
• Counseling a PRO through a complex plan resubmission process following disapproval of a stewardship plan, including preparing numerous advocacy positions to support interpretation of implementing regulations and secure plan approval.
• Advising a PRO on application of federal and state hazardous waste regulations to the items they manage, and advocating for regulatory changes to facilitate transport, collection, and recycling of the materials.