Packaging EPR Goes on Trial

The National Association of Wholesaler-Distributors’ Oregon challenge is about to go to trial. A decision, expected before year’s end, could influence future laws and litigation. Extended producer responsibility for packaging programs in the United States have had some major firsts the last few years. Maine was the first state to pass a packaging EPR law in 2021. Oregon became the first state to begin implementing such a program in 2025. The week of July 13th is slated to bring a new milestone: The first packaging EPR lawsuit to go to trial. That means that by year’s end, there could be more clarity about the future risks and opportunities with these programs. It’s “our version of a championship sports game,” said Alexandra Ward, environmental attorney at law firm Holland & Knight.

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