NAW to Appeal Ruling That Upheld Oregon EPR Law

The National Association of Wholesaler-Distributors announced it filed a notice of appeal in the U.S. Court of Appeals for the Ninth Circuit, challenging an Aug. 27 ruling by Judge Michael H. Simon that upheld Oregon’s extended producer responsibility for packaging law. NAW originally filed a lawsuit last summer when the program launched. The case against Oregon Department of Environmental Quality Director Leah Feldon was heard in a first-of-its-kind trial in July 2026. NAW again argued the law violates the dormant Commerce Clause, noting disruptions to nationally integrated supply chains, as well as the Due Process Clause, citing issues with producer responsibility organization Circular Action Alliance’s operations. NAW still has ongoing lawsuits challenging packaging EPR laws in California and Colorado.

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