Resource Recycling
  • The Latest
  • Analysis
    • All
    • Certification Scorecard
    • Industry Announcements
    • Opinion
    APR adds PCR content verification to cert program

    Certification Scorecard — Week of August 24, 2026

    Top stories from July 2024

    ITAD global regulation and compliance this summer

    ESG

    Foreign equity is moving into North America’s e-scrap origination

    From claims to custody: PCR procurement grows up

    Certification Scorecard — Week of August 17, 2026

    Sorted: Country roads, take my recycling

    State program revamp proposal advances in Oregon

    Oregon EPR ruling looms: what legal experts think

  • Conferences
    • Resource Recycling Conference
    • Plastics Recycling Conference
    • E-Scrap: The Longevity Conference
    • Textiles Recovery Summit
  • Publications
    • E-Scrap News
    • Plastics Recycling Update
    • Policy Now
    • Resource Recycling
    • Other Topics
      • All Topics
      • Brand Owners
      • Critical Minerals
      • Glass
      • Grant Watch / RFPs
      • Markets
      • Organics
      • Packaging
      • Research
      • Technology
      • Textiles
Subscribe
No Result
View All Result
Resource Recycling
  • The Latest
  • Analysis
    • All
    • Certification Scorecard
    • Industry Announcements
    • Opinion
    APR adds PCR content verification to cert program

    Certification Scorecard — Week of August 24, 2026

    Top stories from July 2024

    ITAD global regulation and compliance this summer

    ESG

    Foreign equity is moving into North America’s e-scrap origination

    From claims to custody: PCR procurement grows up

    Certification Scorecard — Week of August 17, 2026

    Sorted: Country roads, take my recycling

    State program revamp proposal advances in Oregon

    Oregon EPR ruling looms: what legal experts think

  • Conferences
    • Resource Recycling Conference
    • Plastics Recycling Conference
    • E-Scrap: The Longevity Conference
    • Textiles Recovery Summit
  • Publications
    • E-Scrap News
    • Plastics Recycling Update
    • Policy Now
    • Resource Recycling
    • Other Topics
      • All Topics
      • Brand Owners
      • Critical Minerals
      • Glass
      • Grant Watch / RFPs
      • Markets
      • Organics
      • Packaging
      • Research
      • Technology
      • Textiles
Subscribe
No Result
View All Result
Resource Recycling
No Result
View All Result
Home Policy Now

Oregon’s EPR law survives first constitutional test

Stefanie ValenticbyStefanie Valentic
August 28, 2026
in Policy Now, Recycling
Minnesota EPR program advances in budget bill

rawf8/shutterstock

A federal judge has ruled that Oregon’s Recycling Modernization Act (RMA) is constitutional, delivering the first full-record decision testing an extended producer responsibility (EPR) law against the US Constitution.

The case has been shadowing the state’s EPR rollout for more than a year.

US District Judge Michael H. Simon issued a 71-page decision on Aug. 27, concluding that the law, enacted as Senate Bill 582 in 2021, does not violate either the dormant Commerce Clause or the Due Process Clause.

The ruling comes in the case of National Association of Wholesaler-Distributors v. Feldon, filed by NAW in July 2025 and tried before Simon over five days in Portland this July.

Simon leaned on Justice Louis Brandeis’s “laboratories of democracy” framework to explain the court’s deference to Oregon’s approach, writing that it is “one of the happy incidents of the federal system that a single courageous State may, if its citizens choose, serve as a laboratory, and try novel social and economic experiments without risk to the rest of the country.”

He traced the RMA’s lineage to Oregon’s 1971 Bottle Bill, calling it a continuation of the state’s “innovative leadership” on waste policy.

The decision runs through NAW’s arguments one by one, rejecting each:

Small-producer exemption: NAW argued the RMA’s carve-out for government bodies and small businesses under $5 million in gross revenue facially discriminates against interstate commerce.

Simon found NAW lacked standing to challenge the governmental exemption. On the revenue-based carve-out, that NAW offered only hypotheticals, no trial evidence that the exemption actually shifts market share toward in-state businesses.

Excessive fees: NAW pointed to Circular Action Alliance’s 2025 Annual Report, which showed CAA collected $145.5 million but spent only $56.5 million.

Simon called that a reserve-building pattern typical of a program in “its second year,” not a constitutional violation.

Pike balancing: NAW’s experts didn’t quantify the RMA’s interstate effects specifically enough to clear the threshold showing a “substantial or significant burden on interstate commerce.” Pike balancing is a legal test, from Pike v. Bruce Church (1970), that weighs a law’s burden on interstate commerce against its local benefits, striking the law down only if that burden is “clearly excessive” in comparison.

Private delegation to CAA: NAW argued Oregon handed unconstitutional authority to a “self-interested” private entity.

Simon held that producers aren’t actually compelled to join CAA. They can form a competing PRO or use the RMA’s private-recycling exemption. So, CAA’s confidential fee-setting methodology and arbitration provisions don’t trigger a due-process claim.

DEQ’s civil-penalty process: Simon found the on due-process issue is adequately protected by notice-and-cure periods, a hearing before an Administrative Law Judge and court appeal rights, with no penalty due until appeals are exhausted.

The ruling is the latest turn in a case Policy Now has tracked from the start. The court dismissed several of NAW’s claims and granted a narrower preliminary injunction back in February, then  denied four trade groups’ bids to join the suit that April, around the same time DEQ issued its first list of noncompliant producers under the law.

“While NAW supports the goals of a circular economy, we believe Oregon’s law is unconstitutional and structured in a way that undermines, rather than advances, those goals,” Brian Wild, the association’s chief government affairs officer, said in a statement after July’s trial concluded.

Wild argued the trial “exposed a fundamental accountability problem with EPR,” pointing to CAA’s “confidential methodology producers cannot review or verify.”

An appeal to the Ninth Circuit is possible given CAA also administers PRO programs in California, Colorado, Maryland and Minnesota. The NAW has filed suit against EPR laws in both Colorado and California.

NAW’s other EPR fights

With the issue of EPR’s constitutionality, NAW is arguing similar claims at three of the seven state packaging EPR programs administered by CAA:

  • California: NAW joined a 17-state coalition led by Nebraska Attorney General Mike Hilgers in Nebraska v. Heller (E.D. Cal.), filed June 22 as the sole business plaintiff alongside Alabama, Florida, Georgia, Idaho, Indiana, Iowa, Louisiana, Missouri, Montana, North Dakota, Oklahoma, South Carolina, South Dakota, Texas, Utah and West Virginia. The suit challenges SB 54’s regulations, which took permanent effect May 1, on Commerce Clause, Import-Export Clause, First Amendment and private-delegation grounds — naming CAA itself as a defendant this time, not just the state regulator. It’s separate from a narrower environmental-groups challenge to SB 54’s regulations (NRDC, Californians Against Waste, Oceana) that predates the NAW suit and doesn’t involve CAA.
  • Colorado: NAW moved Aug. 5 for a preliminary injunction against Colorado’s Producer Responsibility Program for Statewide Recycling Act, seeking to bar enforcement and defer member fee obligations on an expedited basis. Colorado’s response is due Sept. 16. It’s NAW’s third state EPR suit and follows a separate, earlier state-court challenge from the Independent Lubricant Manufacturers Association.
Tags: EPRLegislation & EnforcementPackagingPolicy Now
TweetShare
Stefanie Valentic

Stefanie Valentic

Stefanie Valentic is an award-winning journalist who has covered the waste and recycling industry for more than five years. Throughout her career, she has led editorial teams and served as a keynote speaker, moderator and panelist at numerous trade shows and conferences.

Related Posts

Top stories from July 2024

ITAD global regulation and compliance this summer

byDavid Daoud
August 26, 2026

For ITAD and recycling industry stakeholders, the period reinforced policy priorities around product life, battery safety, packaging responsibility and cross-border...

Bob’s Red Mill meets 92% waste diversion rate

byStefanie Valentic
August 26, 2026

Nine months in the making, Bob's Red Mill's debut Impact Report traces a multi-year push to redesign its oatmeal cup...

ABTC expansion drives triple-digit revenue gains

California battery EPR bill heads to Senate for final vote

byStefanie Valentic
August 25, 2026

Producers would lose an exemption that's shielded heavier batteries from California's stewardship rules since 2022.

The Tarheel State launches outreach effort

EPS transport packaging removed from USPP list

byPaul Lane
August 21, 2026

The proven improved recyclability of EPS packaging prompted the decision, with more reviews forthcoming.

Lawsuits hover days after SB 54 approval

NAW-backed coalition seeks SB 54 injunction

byStefanie Valentic
August 21, 2026

NAW says SB 54's 2032 recyclability mandate leans on the same standard a federal judge already froze in the SB...

The Maine state capitol building.

No bidders respond to Maine’s EPR RFP

byStefanie Valentic
August 20, 2026

Following CAA's announcement that it would not submit a bid for Maine's EPR program, the state's DEP announced that no...

Load More

2026 Buyers’ Guide

Equipment, services and technology suppliers serving the recycling industry.

Browse the Guide

More Posts

Alpek closing Pennsylvania RPET plant

Alpek seizing on war-related opportunity 

July 27, 2026
WM CEO Jim Fish to retire in string of leadership changes

WM CEO Jim Fish to retire in string of leadership changes

August 26, 2026

Bob’s Red Mill meets 92% waste diversion rate

August 26, 2026
Minnesota EPR program advances in budget bill

Oregon’s EPR law survives first constitutional test

August 28, 2026
Hefty ending Orange Bag program

Hefty ending Orange Bag program

August 25, 2026
Canada seeks recycled-content mandates feedback

Building demand for recycled flexibles

August 25, 2026
The Maine state capitol building.

No bidders respond to Maine’s EPR RFP

August 20, 2026
Data erasure firm expands wearable device capabilities

Full Circle completes acquisition of Mac of All Trades

August 25, 2026
Women in Circularity: Maite Quinn

Women in Circularity: Maite Quinn

August 25, 2026
Company debuts battery-containing device shredder

New battery shredding system debuts stateside

August 20, 2026
Load More

About & Publications

About Us

Staff

Archive

Magazine

Work With Us

Advertise
Jobs
Contact
Terms and Privacy

Newsletter

Get the latest recycling news and analysis delivered to your inbox every week. Stay ahead on industry trends, policy updates, and insights from programs, processors, and innovators.

Subscribe

Welcome Back!

Login to your account below

Forgotten Password?

Retrieve your password

Please enter your username or email address to reset your password.

Log In

Add New Playlist

No Result
View All Result
  • The Latest
  • Analysis
  • Recycling
  • E-Scrap
  • Plastics
  • Policy Now
  • Conferences
    • E-Scrap Conference
    • Plastics Recycling Conference
    • Resource Recycling Conference
    • Textiles Recovery Summit
  • Magazine
  • About Us
  • Advertise
  • Archive
  • Jobs
  • Staff
Subscribe
This website uses cookies. By continuing to use this website you are giving consent to cookies being used. Visit our Privacy and Cookie Policy.