Oregon recycling law upheld by federal court

A federal court has upheld Oregon’s Plastic Pollution and Recycling Modernization Act (RMA), marking the first major judicial decision to support a comprehensive state packaging extended producer responsibility (EPR) program against constitutional challenges. The U.S. District Court for the District of Oregon ruled that the law does not violate the Commerce Clause or the Due Process Clause, effectively validating the “polluter pays” principle by assigning end-of-life management costs to producers.

The ruling has drawn criticism from industry groups. The National Association of Wholesaler-Distributors (NAW) expressed disagreement with the decision, stating it is part of a larger legal battle and that the association is reviewing its options. Similarly, the National Association of Electrical Distributors (NAED) expressed disappointment, arguing that the law’s producer definitions are unclear and that warehousing or transportation activities should not trigger EPR obligations. NAED warned that poorly designed programs could increase consumer costs and complicate supply chain operations.