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Bergeson & Campbell, P.C. (B&C®) is pleased to present “Plastics and Policy: Microplastics, EPR, and Other Emerging Trends,” a complimentary webinar providing regulatory professionals with the latest updates on emerging microplastics and recycling legal and regulatory issues. U.S. federal and state lawmakers have advanced multiple initiatives related to microplastics focused on health research, exposure assessment, and regulatory frameworks, including increased funding for research,...

On August 27, 2026, Judge Michael H. Simon issued a Finding of Fact and Conclusions of Law (the Decision) in the bench trial for National Association of Wholesaler-Distributors v. Feldon, holding that the Oregon Department of Environmental Quality’s (DEQ) Extended Producer Responsibility (EPR) program, run by the Producer Responsibility Organization (PRO) Circular Action Alliance (CAA), does not violate the Dormant Commerce Clause or the Due Process Clause of the U.S. Constitution. This...

On August 12, 2026, the European Union’s (EU) Packaging and Packaging Waste Regulation (PPWR) will officially replace the EU’s longstanding Packaging and Packaging Waste Directive (PPWD). Where the PPWD provided member states with both regulatory and implementation flexibility, meaning that each member state could take a different approach to implementation, the PPWR brings harmonized standards across the EU. This change seeks to bring cohesion across member states to encourage a circular...

The federal district court presiding over National Association of Wholesaler-Distributors v. Feldon has issued a new scheduling order that provides insight into the next phase of the groundbreaking challenge against Oregon’s Extended Producer Responsibility (EPR) law. Following a five-day bench trial in July and the parties' post-trial briefings, filed on July 31, 2026, Judge Michael H. Simon concluded that oral argument is unnecessary. Instead, the court has requested supplemental briefing on...

The fifth and final day of the National Association of Wholesaler-Distributors (NAW) v. Feldon bench trial focused on questions surrounding the practicality and feasibility of administration of Oregon’s Plastic Pollution and Recycling Modernization Act (RMA). Oregon’s witnesses described how the Oregon Department of Environmental Quality (DEQ) considered various data in designing Oregon's Extended Producer Responsibility (EPR) program and how modeling and detailed planning were used to...

The fourth day of the National Association of Wholesaler-Distributors (NAW) v. Feldon bench trial shifted from questions of legislative intent and economic impacts to questions surrounding the practical administration of Oregon’s Plastic Pollution and Recycling Modernization Act (RMA). Oregon’s witnesses from the Oregon Department of Environmental Quality (DEQ) described how the agency oversees the state's Extended Producer Responsibility (EPR) program, reviews Circular Action Alliance's...

The third day of the National Association of Wholesaler-Distributors (NAW) v. Feldon bench trial continued to question how Oregon’s Plastic Pollution and Recycling Modernization Act (RMA) may impact supply chains, distribution channels, and producers of different sizes. NAW called additional witnesses to testify regarding general economic principles, potential producer consequences, and elements of the RMA that are similar to or distinct from programs in other jurisdictions. NAW continued to...

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...

The second day of the National Association of Wholesaler-Distributors (NAW) v. Feldon bench trial shifted from establishing the structure of Oregon's Extended Producer Responsibility (EPR) program to examining how Oregon’s Plastic Pollution and Recycling Modernization Act (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...