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ARTICLE · 17 JULY 2026

NAW v. Feldon: Bench Trial Day Three Summary (July 15, 2026)

The third day of the NAW v. Feldon bench trial examined Oregon's Plastic Pollution and Recycling Modernization Act, with witnesses questioning the economic feasibility of the Extended Producer Responsibility program's implementation and its potential impact on supply chains, distribution channels, and producers of varying sizes. Expert testimony explored whether the RMA's fee structures and compliance obligations create constitutional concerns regarding interstate commerce, while Oregon's cross-examination

United StatesLitigation, Mediation & Arbitration

The third day of the National Association of Wholesaler-Distributors (NAW) v. Feldon bench trial continued to question how Oregon’s Plastic Pollution and Recycling Modernization Act (RMA) may impact supply chains, distribution channels, and producers of different sizes. NAW called additional witnesses to testify regarding general economic principles, potential producer consequences, and elements of the RMA that are similar to or distinct from programs in other jurisdictions. NAW continued to elicit testimony that questioned the economic feasibility of the RMA’s implementation of the program and raised concerns about potential harms to supply chains under the current iteration of the law. Through cross-examination, Oregon sought to establish that Circular Action Alliance Oregon (CAA Oregon) has accounted for many of these concerns, and that certain expert testimony was not specific to Extended Producer Responsibility (EPR).

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