Resource Recycling
  • The Latest
  • Analysis
    • All
    • Certification Scorecard
    • Industry Announcements
    • Opinion
    Partnership ups quality control on device-sales platform

    Certification scorecard — week of Oct. 19

    Industry veterans buy Entropex with plans to rebrand

    Lifecycle growth tested as metals diverge

    Sorted: Making Halloween costumes more sustainable

    Sorted: Making Halloween costumes more sustainable

    Researchers work on fluorine-free battery binder

    Researchers work on fluorine-free battery binder

    CommanderAI launches searchable hauler database

    Blancco brings agentic AI to data erasure, ITAD operations

    APR adds PCR content verification to cert program

    Certification scorecard — week of Oct. 12

  • 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
    Partnership ups quality control on device-sales platform

    Certification scorecard — week of Oct. 19

    Industry veterans buy Entropex with plans to rebrand

    Lifecycle growth tested as metals diverge

    Sorted: Making Halloween costumes more sustainable

    Sorted: Making Halloween costumes more sustainable

    Researchers work on fluorine-free battery binder

    Researchers work on fluorine-free battery binder

    CommanderAI launches searchable hauler database

    Blancco brings agentic AI to data erasure, ITAD operations

    APR adds PCR content verification to cert program

    Certification scorecard — week of Oct. 12

  • 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 Plastics

Oregon faces lawsuit over packaging EPR program

Andrew HawthornebyAndrew Hawthorne
August 6, 2025
in Plastics
Court gavel on a book.
The National Association of Wholesaler-Distributors says the state’s newly active packaging EPR law is unfair and ineffective. | JPL Designs/Shutterstock
Editor’s Note: EPR compliance will be featured in sessions at the 2026 Resource Recycling Conference, Feb. 23-25 in San Diego, California. 

In a lawsuit against Oregon’s Department of Environmental Quality, the National Association of Wholesaler-Distributors trade association claims the state’s new packaging EPR law is overreaching, ineffective and unconstitutional.

The suit was filed in federal district court last week, including a request for the courts to file an injunction preventing the state from enforcing the law. The lawsuit criticizes the EPR program’s impact on distributors, especially those located outside of Oregon.

Oregon’s Plastic Pollution and Recycling Modernization Act, or SB 582, was passed in 2021, and started requiring participation from producers last month. As of July 1, SB 582 is the first packaging EPR program in the country to fully go into effect, requiring any company that sells, offers to sell, or distributes products within the state to register with the Circular Action Alliance (CAA), a producer-led nonprofit and the state’s producer responsibility organization (PRO), which administers the EPR program.

The lawsuit cites the Dormant Commerce Clause of the Constitution, which implies that only Congress can control the flow of commerce across state lines. According to the NAW, the state is acting outside of its authority and attempting to control interstate commerce by including out-of-state distributors in the program.

The lawsuit also claims the law breaches the economic freedom and due process rights of its targeted producers by forcing them to work with a private entity.

“While NAW supports the goal of a circular economy, the Oregon EPR law as enacted is unconstitutional, creates new mandates, inhibits interstate commerce and fails at its primary goal of encouraging circularity,” NAW President and CEO Eric Hoplin said in a press release.

On the law’s fairness, NAW claims SB 582 gives too much power to CAA without sufficient oversight from the government or guidance from the law itself. In the press release, NAW said the Circular Action Alliance has a “financial interest in the program”. 

The lawsuit claims the program requires packaging producers to financially contribute to packaging recycling with insufficient transparency and input in how the PRO fulfills its duties. Under SB 582, the PRO operates according to a plan reviewed and approved by the Department of Environmental Quality.

“Rather than encourage sustainability through a uniform and transparent system where compliance burdens are shared across industries, Oregon chose to shift the burden to the parts of the supply chain that have little to no control over decisions to design, reduce, reuse or recycle a product,” Hoplin said in the press release.

The inclusion of distributors in SB 582 is an intentional part of the law’s goal of targeting all parts of a product’s life cycle, regardless of its state of origin.

On the environmental impact of unsustainable packing practices, SB 582 says “It is necessary to adopt a policy that will minimize such unintended consequences across the entire life cycle of products and that will require producers of packaging and printed paper sold or distributed in Oregon to help finance the management of, and ensure an environmentally sound stewardship program for, their products.”

Oregon’s Department of Environmental Quality did not respond to a request for comment from Plastics Recycling Update. The district court has yet to hear or respond to the NAW lawsuit.

A version of this story appeared in Resource Recycling on Aug. 5.

Tags: EPRLegislation & Enforcement
TweetShare
Andrew Hawthorne

Andrew Hawthorne

Related Posts

RecyClass hits 500 EU recyclability evals

Study finds path toward mineral independence exists

byPaul Lane
October 20, 2026

The European report shows how legislation can help bolster domestic critical mineral supply chains.

Court gavel and justice scales on a table.

NAW asks to pause Oregon EPR fees

byStefanie Valentic
October 20, 2026

NAW is asking a federal court to pause Oregon’s packaging EPR law for its members until the Ninth Circuit rules,...

Fireside Chat at PRC features CAA chief

Fielkow to step down as CAA CEO

byStefanie Valentic
October 14, 2026

Chief Strategy Officer Jeff Meyers has been named interim CEO as CAA prepares for its transition.

Lawsuits hover days after SB 54 approval

CAA trims first-year SB 54 budget in final plan

byStefanie Valentic
October 13, 2026

The final plan sets a $1.1 billion budget for 2027, down from as much as $1.87 billion in June, and...

Removing an eBike battery pack.

EPR’s next fight is over embedded batteries

byStefanie Valentic
October 13, 2026

Eleven states have passed battery EPR laws since 2022, but Product Stewardship Institute staff told RCon attendees that most still...

Study explores  reusable containers in California DRS

Inside the Circle: The bottle bill’s unfinished business

byBill Shireman
October 13, 2026

California’s pioneering bottle bill just turned 40. It has lessons to teach us for the future.

Load More
Next Post
Reclaimer finishes food-grade PCR expansion

APR, ReMA update bale specs for PE rigids, film

2026 Buyers’ Guide

Equipment, services and technology suppliers serving the recycling industry.

Browse the Guide

More Posts

Republic breaks ground on St. Louis MRF

October 15, 2026
Court gavel and justice scales on a table.

NAW asks to pause Oregon EPR fees

October 20, 2026
Lawsuits hover days after SB 54 approval

CAA trims first-year SB 54 budget in final plan

October 13, 2026
Dow, Orbis talk EPR, demand at Pack Expo

Dow, Orbis talk EPR, demand at Pack Expo

October 21, 2026
Northeast recycled commodity values hit 5-year lows

HDPE, PP prices climb for October

October 14, 2026
Sorted: Making Halloween costumes more sustainable

Sorted: Making Halloween costumes more sustainable

October 19, 2026
Triton to make rail ties from artificial turf

Triton to make rail ties from artificial turf

October 20, 2026
Brokers of shame: 10,000+ containers of U.S. e-waste to Asia

Brokers of shame: 10,000+ containers of U.S. e-waste to Asia

October 16, 2026
Removing an eBike battery pack.

EPR’s next fight is over embedded batteries

October 13, 2026
Industry veterans buy Entropex with plans to rebrand

Lifecycle growth tested as metals diverge

October 19, 2026
Load More

About & Publications

About Us

Staff

Archive

Magazines

Work With Us

Advertise
Jobs
Contact
Terms and Privacy

Newsletters

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
  • Magazines
  • 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.