Federal Court Requests Supplemental Briefing In Oregon EPR Challenge

The federal district court presiding over National Association of Wholesaler-Distributors v. Feldon has issued a new scheduling order that provides insight into the next phase of the groundbreaking challenge against Oregon’s Extended Producer Responsibility (EPR) law. Following a five-day bench trial in July and the parties’ post-trial briefings, filed on July 31, 2026, Judge Michael H. Simon concluded that oral argument is unnecessary. Instead, the court has requested supplemental briefing on a single, discrete issue: whether the Oregon Plastic Pollution and Recycling Modernization Act’s (RMA) exemption for certain Oregon public bodies that qualify as “small producers” under Oregon Revised Statutes (ORS) 459A.863(32)(b) and ORS 459A.872(1) is facially discriminatory in violation of the Dormant Commerce Clause.