Federal Court Blocks Oregon EPR Law — Implications Beyond Oregon

A federal judge has issued a preliminary injunction blocking enforcement of Oregon’s first‑in‑the‑nation packaging EPR (Extended Producer Responsibility) law against wholesaler members of a national trade group (National Association of Wholesaler-Distributors or NAW), citing “serious questions” about the statute’s constitutionality under the Due Process and dormant Commerce Clauses. The injunction pauses the Oregon Department of Environmental Quality's enforcement of the state's EPR law against producers who are members of the NAW. The remaining claims in the NAW lawsuit will be the subject of a July trial. 

 

While narrow in scope, the injunction ruling is being closely watched as a potential marker for legal challenges to similar EPR programs now in effect in multiple states. 

 

Regulated companies operating across EPR jurisdictions should monitor developments closely as courts begin to weigh in on the structure of these programs and the programs' broad delegation to third-party producer responsibility organizations.