Bergeson & Campbell, P.C. Is Providing Daily Analysis of NAW v. Feldon Bench Trial, the First Constitutional Challenge to Extended Producer Responsibility Legislation in the U.S.

Bergeson & Campbell, P.C. (B&C^®) is providing daily, in-depth coverage of the bench trial for National Association of Wholesaler-Distributors (NAW) v. Feldon, which started on 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.

Highlights from the first two days of the trial are listed below, with links to the full blog posts.

“NAW v. Feldon: Bench Trial Day One Summary (July 13, 2026)”

The first day of the NAW v. Feldon bench trial was largely devoted to establishing the factual record surrounding Oregon’s Plastic Pollution and Recycling Modernization Act (SB 582) and the structure, governance, and implementation of the state’s EPR program. A bench trial is held before a judge, who serves as fact-finder and decision-maker; there is no jury. Rather than focusing on the constitutional and administrative law issues that ultimately will decide the case, the testimony centered on how the program operates in practice and the respective roles of the Oregon Department of Environmental Quality (DEQ) and the Circular Action Alliance (CAA). Read more.

“NAW v. Feldon: Bench Trial Day Two Summary (July 14, 2026)”

The second day of the NAW v. Feldon bench trial shifted from establishing the structure of Oregon’s EPR program to examining how Oregon’s RMA potentially impacts interstate supply chains. Much of the day’s testimony focused on the practical challenges associated with producer identification, packaging design, fee calculation, and regional distribution networks. Through both fact and expert testimony, NAW continued building its factual record that Oregon’s implementation of the RMA affects business operations extending well beyond Oregon’s borders, while Oregon sought to demonstrate that many of the asserted burdens reflect business decisions or implementation issues rather than deficiencies in the statute itself. Read more.

The full archive of B&C’s coverage of this trial can be found at https://www.lawbc.com/tag/naw-v-feldon/.

Bergeson & Campbell, P.C. (B&C^®) is a Washington, D.C. law firm focusing on conventional, biobased, and nanoscale industrial, agricultural, and specialty chemical product approval and regulation, product defense, and associated business issues.  B&C’s Product Stewardship Blog™ provides timely analysis and practical insights on the evolving and increasingly consequential regulatory, compliance, sustainability, and market-access issues affecting products throughout their lifecycle. This blog is the newest addition to the award-winning slate of blogs written by B&C’s scientists, attorneys, and regulatory professionals to keep chemical industry stakeholders abreast of important developments: TSCAblog^®, FIFRAblog^®, REACHblog^®, Public Policy and Regulation Blog^®, B&C Biobased and Sustainable Chemicals Blog, and Nano and Other Emerging Technologies Blog.