Federal Judge Sides with Oregon’s Recycling Law
The ruling clears packaging fee requirements for 30,000 distributor members after the judge found no constitutional violation, court filings said.
- After a five-day bench trial, U.S. District Judge Michael Simon upheld Oregon's Recycling Modernization Act, rejecting arguments from the National Association of Wholesaler-Distributors that the law violates U.S. Constitution commerce clauses.
- The Wholesaler-Distributors association, representing 30,000 businesses in the $8.6 trillion wholesale distribution industry, sued state officials in 2025, arguing the law was unconstitutional and discriminated against out-of-state businesses.
- In court documents, the association called Oregon's recycling system a "labyrinthine scheme, shrouded in secrecy," and challenged exemptions favoring small businesses under $5 million and in-state agencies over out-of-state entities like Washington State University.
- Simon's ruling lifts the preliminary injunction that had halted packaging payment requirements, while the association responded it is "disappointed with the outcome" but "considering options for next steps."
- Oregon was the first state to officially launch such a recycling system in 2025, with distributor fees comprising less than 5% of all producer fees; the association is challenging similar laws in California and Colorado.
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11 Articles
Judge upholds Oregon’s packaging recycling law
A federal judge Thursday upheld Oregon’s 2021 recycling law, calling it innovative and rejecting claims by the wholesale-distribution industry that it violated federal law or interfered with interstate commerce.
Federal judge sides with Oregon’s recycling law - Oregon Public Broadcasting
A judge has sided with Oregon’s new statewide recycling system in a lawsuit brought by distributors. The National Association of Wholesaler-Distributors sued state officials in 2025. They criticized Oregon’s law requiring them to pay fees based on the packaging they use to distribute products —…
Court Upholds Oregon EPR Law in NAW Challenge
A federal judge ruled that Oregon’s Recycling Modernization Act does not violate the dormant Commerce Clause or Due Process Clause involved. However, the ruling is not the final word on the matter as NAW weighs next steps and continues EPR challenges in California and Colorado.
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