Episode
Can the Government Force You to Join a Private Organization?
- Podcast
- Unwritten Law
- Published
- Aug 1, 2026
- Duration seconds
- 1787
- Processing state
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Summary
In this episode of Unwritten Law , NCLA President and Chief Legal Officer Mark Chenoweth and Senior Litigation Counsel John Vecchione are joined by Senior Litigation Counsel Andy Morris to discuss National Association of Wholesaler-Distributors v. Ryan , NCLA's newly filed challenge to Colorado's Producer Responsibility Program for recycling. The lawsuit isn't about opposing recycling. Instead, it challenges Colorado's decision to replace local recycling systems with a statewide program administered by a private organization—the Circular Action Alliance (CAA)—that businesses must join in order to sell certain products in the state. Andy explains why NCLA argues the law unlawfully delegates governmental authority to a private entity that can set fees, establish rules, and impose significant consequences on businesses without meaningful public accountability. The discussion also explores the law's First Amendment implications, due process concerns, the Dormant Commerce Clause, and a provision that prohibits businesses from itemizing these recycling fees on customer receipts. Mark, John, and Andy examine why distributors across the country may bear the costs of Colorado's program and what the lawsuit could mean for the constitutional limits on delegating government power to private organizations.