Announcement: Bergeson & Campbell, P.C. to Cover NAW v. Feldon Bench Trial
The Bergeson & Campbell, P.C. (B&C®) Product Stewardship team is excited to announce daily coverage of the bench trial for National Association of Wholesaler-Distributors (NAW) v. Feldon, set to begin July 13, 2026. The case considers the constitutionality of certain aspects of Oregon’s Plastic Pollution and Recycling Modernization Act (RMA), the first Extended Producer Responsibility (EPR) packaging program in the United States. Specifically, NAW asserts that Oregon’s packaging EPR program is unconstitutional on two primary grounds: violation of the Due Process Clause, particularly as it relates to delegating authority to producer responsibility organization Circular Action Alliance, and violation of the Commerce Clause, given the state program’s implications for out-of-state businesses.
B&C has been following this case closely. To get up to date, review prior B&C materials on this case:
- All Things Chemical® Podcast — The Surge in Microplastics Regulation – A Conversation with Catherina D. Narigon and L. Claire Hansen, March 26, 2026
- Memorandum — A Snapshot of Extended Producer Responsibility (EPR) in 2025, July 16, 2025
- Memorandum — Litigation under Oregon’s Packaging EPR Law: What Producers Should Know, November 14, 2025
Please follow our coverage of this groundbreaking hearing. A decision is expected by the end of 2026.