Judge Upholds Oregon EPR Program

On August 27, 2026, Judge Michael H. Simon issued a Finding of Fact and Conclusions of Law (the Decision) in the bench trial for National Association of Wholesaler-Distributors v. Feldon, holding that the Oregon Department of Environmental Quality’s (DEQ) Extended Producer Responsibility (EPR) program, run by the Producer Responsibility Organization (PRO) Circular Action Alliance (CAA), does not violate the Dormant Commerce Clause or the Due Process Clause of the U.S. Constitution. This decision stems from a challenge brought by the National Association of Wholesaler-Distributors (NAW), alleging legal and procedural deficiencies against Oregon’s EPR program. This decision is likely to shape ongoing litigation involving other state EPR programs, including current challenges to California’s EPR program.