On August 27, 2026, Judge Michael H. Simon issued a Findings of Fact and Conclusions of Law in the case of National Association of Wholesaler-Distributors v. Feldon, finding that Oregon's Plastic Pollution and Recycling Modernization Act (RMA) does not violate the Dormant Commerce Clause or the Due Process Clause. Following a five-day bench trial before the U.S. District Court for the District of Oregon in July 2026, Plaintiff National Association of Wholesaler-Distributors (NAW) and Defendant...
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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...
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...
August 7, 2026 -- This article has been updated to feature additional information and analysis. On July 14, 2026, the U.S. District Court for the Southern District of California issued a preliminary injunction in California League of Food Producers v. Bonta (California League), blocking enforcement of Senate Bill 343 (SB 343), California’s “Truth in Recycling” law. The California legislature enacted SB 343 on October 5, 2021, taking aim at the question of whether products labeled as...
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...
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...
The first day of the National Association of Wholesaler-Distributors (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 Extended Producer Responsibility (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...
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...