The Nickel Report

In recent months, some companies have begun reconsidering their sustainability targets. This trend is influenced by a range of factors, including economic pressures and scrutiny of climate action by the current federal administration and state attorneys general. In addition, many companies with interim decarbonization goals (e.g., companies with “net zero by 2050 goals” that also set 2030 targets) are finding they are not on track to meet them. When considering revising or abandoning existing goals, it is important to consider emerging risks under the current legal landscape, and to develop and follow a deliberate strategy to mitigate those risks.

With the growing emergence of Extended Producer Responsibility (EPR) laws, companies selling products in the United States must increasingly plan for the end of a product’s life. EPR programs shift waste-management responsibilities that have traditionally been handled by consumers or state and local governments to the “producer” of the product.

Most existing EPR programs in the United States target packaging materials, especially plastic packaging. So far, four states have finalized EPR legislation for packaging: Maine, Oregon, Colorado, and California.[1] Each of these states is currently in the process of developing a regulatory program. In 2023, several additional states introduced EPR legislation, signaling that other states may soon follow.