Editor’s Note: EPR compliance will be featured in sessions at the 2026 Resource Recycling Conference, Feb. 23-25 in San Diego, California.
A federal judge has temporarily blocked enforcement of the state’s EPR law against members of an industry organization while throwing out several other challenges to the legislation.
Last Friday, the federal district court issued a narrow injunction sidelining the implementation of Oregon’s Plastic Pollution and Recycling Modernization Act for members of National Association of Wholesaler-Distributors while dismissing several claims against the DEQ.
The NAW filed the lawsuit against the DEQ as well as the state’s attorney general and Environmental Commission in August 2025. The organization supports the $8.2 trillion wholesale distribution industry across the United States.
Eric Hoplin, president and CEO of NAW, said that its member companies have been “dramatically impacted by the exorbitant fees imposed under the law by the Circular Action Alliance.” CAA is not named as a party to the lawsuit.
The organization alleges that the EPR scheme violates Due Process and Dormant Commerce Clauses in the US Constitution.
“Oregon is known as a leader in recycling and is the first in the nation to implement this approach to recycling that brings many parties together to share the costs of recycling improvements,” said Jen Parrott, DEQ administrator, in a statement. “Extended producer responsibility programs that reduce the burden on consumers are prevalent in Oregon and around the world, and we’re certain it can work for recycling.”
Oregon’s Plastic Pollution and Recycling Modernization Act, or SB 582, passed in 2021 as the first packaging-focused EPR legislation in the United States.
The act remains in effect while the parties await a final decision on July 13.
This story has been updated to reflect comment from Oregon DEQ.
