Oregon Extended Producer Responsibility (EPR) Law Upheld In Bellwether Case

Summary

Oregon’s Plastic Pollution and Recycling Modernization Act (RMA)—which shifts the costs of recycling packaging materials to producers of those materials and to producers of the products packaged in them—does not violate the U.S. Constitution, according to the U.S. District Court in Oregon in a ruling issued last week. The case, National Association of Wholesaler-Distributors v. Feldon, is the first challenge of any state’s extended producer responsibility (EPR) law for packaging that has gone through the trial stage. These laws—with initial compliance deadlines that have already passed in some states—impose substantial fees on manufacturers.

The Upshot

• The court’s ruling means Oregon’s EPR program is fully enforceable against all covered producers. Should it decide to do so, NAW has until the end of September 2026 to file an appeal to the Ninth Circuit, but the district court is unlikely to pause implementation of the RMA during an appeal.