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...
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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...
On June 15, 2026, Circular Action Alliance (CAA) submitted its draft program plan (draft plan) to CalRecycle’s extended producer responsibility (EPR) program advisory board, with Chapter 9 of the draft plan revised and posted for public access on June 18, 2026. CAA was required to submit this plan under California’s Plastic Pollution Prevention and Packaging Producer Responsibility Act (SB 54), the state’s EPR law. The draft plan, which outlines how the state will achieve requirements set...
June 23, 2026
Announcement: Product Stewardship Has Always Been Part of the Story — Now It Has Its Own Blog!
Bergeson & Campbell, P.C. (B&C®) is pleased to announce the launch of its new Product Stewardship BlogTM, a dedicated resource focused on the evolving and increasingly consequential regulatory, compliance, sustainability, and market-access issues affecting products throughout their lifecycle. Product stewardship has long been a cornerstone of B&C’s practice. For decades, we have helped clients navigate the complex and ever-changing regulatory frameworks that govern products from...
On June 2, 2026, the Natural Resources Defense Council, Inc. (NRDC), Californians Against Waste Foundation (CAWF), and Oceana, Inc. (Petitioners) filed suit against the California Department of Resources Recycling and Recovery (CalRecycle) challenging the final regulations promulgated under Senate Bill 54 (SB 54). Petitioners’ Complaint asserts two arguments that the final regulations are not valid due to substantive deficiencies and makes policy arguments that the regulations are not...
June 13, 2025
Clearing Regulatory Roadblocks: How Smarter Implementation Can Help Supply Chain Modernization
On June 5, 2025, the Joint Economic Committee (JEC) of the U.S. Congress convened a hearing titled “Barriers to Supply Chain Modernization and Factor Productivity Enhancements.” Throughout the hearing, members and witnesses alike underscored the role of “regulatory friction” -- especially in the form of fragmented and unpredictable requirements -- as a key factor slowing investment in domestic manufacturing and threatening supply chain resilience. While the U.S. Environmental Protection...