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...
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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...
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...
The state of Oregon’s packaging and paper Extended Producer Responsibility (EPR) program, enacted in 2021, has progressed into its enforcement stage. With the first fee obligations and real-world compliance deadlines now in place, the risk of litigation under and against the program has transitioned from theoretical to real. In July 2025, a major trade association, National Association of Wholesaler-Distributors (NAW), filed a constitutional challenge to Oregon’s law, raising issues that are...
September 25, 2015
RFA Responds To Oregon’s Proposal To Use ILUC Emissions Under CFP
On September 15, 2015, Oregon's Department of Environmental Quality (DEQ) proposed using hypothetical indirect land use change (ILUC) emissions while calculating the carbon intensity of biofuels under the Clean Fuels Program (CFP). DEQ proposed the rule to update the Oregon Greenhouse Gases, Regulated Emissions and Energy Transportation model (OR-GREET) to clarify elements before the CFP's first compliance year starting on January 1, 2016. The Renewable Fuels Association (RFA) released a...