NAW v. Feldon: Bench Trial Day One Summary (July 13, 2026)

The first day of the National Association of Wholesaler-Distributors (NAW) v. Feldon bench trial was largely devoted to establishing the factual record surrounding Oregon’s Plastic Pollution and Recycling Modernization Act (SB 582) and the structure, governance, and implementation of the state’s Extended Producer Responsibility (EPR) program. A bench trial is held before a judge, who serves as fact-finder and decision-maker; there is no jury. Rather than focusing on the constitutional and administrative law issues that ultimately will decide the case, the testimony centered on how the program operates in practice and the respective roles of the Oregon Department of Environmental Quality (DEQ) and the Circular Action Alliance (CAA).