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ARTICLE · 05 MARCH 2026

Plastics Updates - February 2026

Jones Day
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Major plastics manufacturers (Dow Chemical, Imperial Oil, Nova Chemicals) and the governments of Alberta and Saskatchewan are considering appealing to the Supreme Court of Canada to challenge the decision.

United StatesEnvironment
David C. Kiernan
David C. Kiernan
Rebekah Blake
Rebekah Blake
Howard Sidman
Howard Sidman
Armelle Sandrin-Deforge
Armelle Sandrin-Deforge
Leon F. DeJulius Jr.
Leon F. DeJulius Jr.
Preslava Dilkova
Preslava Dilkova
Prudence Smith
Prudence Smith
Emily Goldberg Knox
Emily Goldberg Knox
Elizabeth Wild
Elizabeth Wild
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Welcome to the February edition of the Plastics newsletter.Published monthly, we provide key litigation, regulatory, and newsworthy updates across the US, EU, UK, and APAC regions with regard to plastics.

LITIGATION

USA

Federal District Court Grants Preliminary Injunction in Oregon EPR Case (Feb. 6, 2026)

  • On February 6, 2026, a federal district court in Oregon granted NAW's motion for preliminary injunction, while granting in-part and denying in-part the defendants' motion to dismiss in a challenge to Oregon's EPR Law (the Plastic Pollution and Recycling Modernization Act).
  • NAW alleges the Act violated the Dormant Commerce Clause, Due Process Clause, and unconstitutional-conditions doctrine by burdening interstate commerce; delegating sweeping regulatory authority to a private entity (the Circular Action Alliance (CAA)); and imposing arbitrary, excessive fees that members cannot predict, control, or challenge.

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